Expert Commentary

Latest Articles

Risk and Insurance History

"Flying Machines" and Early Airline Insurance

John Bogardus | June 11, 2005

As America became a world leader in aviation, the industry's size and importance made it a crucial line of business for many agents, brokers, and insurers. Jack Bogardus and Robert Moore explain.

Current Trends and Issues

Probing the Gaps in GAP Insurance

Tim Ryles | June 1, 2005

Tim Ryles discusses Guaranteed Auto Protection (GAP) insurance: what it covers, common exclusions, how it is regulated, and certain sales/marketing methods to watch out for.

Design and Professional Liability

The "Bargained-for" Result: Torts, Contracts, and Statutes of Limitation

Kenneth Slavens | June 1, 2005

Limitations for contract and tort actions may differ. The applicable statute of limitation is properly related to the remedy, rather than to the theory of liability. Ken Slavens explains.

Courts and Coverage

Coverage Disputes Give Rise to "Independent" Counsel

Brent Cooper | June 1, 2005

Brent Cooper explains how the Texas Davalos case sets out how the Independent Counsel Rule should be applied and a test as to what coverage questions give rise to independent counsel.

Additional Insured Issues

Excess Insurer Entitled to Equitable Subrogation—Not Equitable Contribution—from Primary Insurer

Joseph Postel | June 1, 2005

In his Insurance Law column, Joe Postel looks at the 2004 decision in Home Ins. v Cincinnati Ins. and discusses its possible effect on additional insured claims in the future.

Reinsurance

The Late Notice Defense in Reinsurance—Updated

Larry Schiffer | June 1, 2005

Larry Schiffer revisits the ways different states apply different prejudice or no-prejudice rules to a late notice defense by an insurer or reinsurer.

Maritime Law

Taking Some Teeth out of the Louisiana Oilfield Indemnity Statute

Michael Orlando | May 14, 2005

Michael Orlando discusses a recent Fifth Circuit case interpreting the Louisiana Oilfield Indemnity Statute and the problems the decision poses by turning the system upside down over a statute that seems to be fairly clear in its meaning

Environmental

Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy

Kent Holland | May 1, 2005

Kent Holland reviews a New York case involving a pollution exclusion and discusses the Catch-22 situation facing insurers who want to modify their policy language to eliminate ambiguity.

Cyber and Privacy Risk and Insurance

Storing Liability: the Increasing Risks of Off-Site Data Storage

Gary Clayton | May 1, 2005

New legislation, particularly in California, requires that firms protect the data they store. Gary Clayton outlines steps that should be taken to avoid risks associated with the loss of personal information.