Expert Commentary

Latest Articles

Reinsurance

Contract Finality—What a Concept!

Larry Schiffer | January 1, 2006

Agreeing to terms and conditions of a reinsurance contract on the day of placement may reduce disputes arising out of ambiguous contract terms. Larry Schiffer explains.

Risk and Insurance History

"Catastrophes" in Early Twentieth Century America

John Bogardus | December 1, 2005

John Bogardus and Robert Moore look at what history can teach us about how our forebears responded to the threats and opportunities of the early twentieth century.

Litigation Management

Legal Billing—Is There a Change in the Wind? A Look at the UTBMS Task Codes and the Future of Legal E-billing

Michael Boutot | December 1, 2005

Michael Boutot describes the history of legal billing and explains the Uniform Task-Based Management System task codes and what he sees as the future of legal e-billing.

Mediation

Insurance Coverage Litigation: What Is the Role of Mediation?

Jeff Kichaven | December 1, 2005

In his discussion of a recent California insurance coverage case, Jeff Kichaven explains the importance of keeping the demarcation between trials and mediations clear.

Continuous Performance Improvement

Deming's Point #8 as Applied to the Insurance Industry

John Pryor | December 1, 2005

John Pryor discusses Dr. W. Edwards Deming's eighth principle: "Drive out fear so that everyone may work effectively for the company" and the importance of trust and security in employment.

Property Insurance

Handle Property Claims Properly

Jay Levin | December 1, 2005

Jay Levin explains how a recent case addressing property insurance for damage to computer systems makes clear that even having the right coverage is not enough.

Environmental

Absolute Pollution Exclusion in Contractors Policy Does Not Bar Coverage for Toxic Fume Injuries

Kent Holland | November 12, 2005

Kent Holland explains Nav-Its, Inc. v. Selective Insurance , span court case] where the New Jersey Supreme Court limited the pollution exclusion to hazards traditionally associated with environmentally related claims.

Design and Professional Liability

Are You Really Protected from Consequential Damages Exposure?

Michael Loulakis | November 1, 2005

In discussing Action Ind. v. USF&G, Michael Loulakis points out the importance of a full waiver of consequential damages for anything arising out of or related to the design-build contract.

Cyber and Privacy Risk and Insurance

Insuring Liability for Third-Party Claims Seeking Lost Profits

Michael A. Rossi | November 1, 2005

Mike Rossi explains coverage for lost-profit claims under policies designed to address technology, media, Internet liability, and network security liability. Variations and caveats are provided.