Expert Commentary
Latest Articles
Intellectual Property
Are Technical Documents Privileged?
Sanford Warren | July 1, 2005
Sanford Warren and Jack Richards examine the question of what technical documents, if any, are protected by the attorney-client privilege or work-product doctrine.
Workplace Violence Prevention
Workplace Violence in the 21st Century: Emerging Trends
James Madero | July 1, 2005
It is clear that workplace and school violence incidents and prevention efforts have changed since the early 1990s. Dr. James Madero looks at the changes.
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.
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.
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.
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
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.
Workplace Violence Prevention
Workplace Violence in the 21st Century: Emerging Trends
James Madero | July 1, 2005
Risk and Insurance History
"Flying Machines" and Early Airline Insurance
John Bogardus | June 11, 2005
Courts and Coverage
Coverage Disputes Give Rise to "Independent" Counsel
Brent Cooper | June 1, 2005
Additional Insured Issues
Excess Insurer Entitled to Equitable Subrogation—Not Equitable Contribution—from Primary Insurer
Joseph Postel | June 1, 2005
Design and Professional Liability
The "Bargained-for" Result: Torts, Contracts, and Statutes of Limitation
Kenneth Slavens | June 1, 2005
Maritime Law
Taking Some Teeth out of the Louisiana Oilfield Indemnity Statute
Michael Orlando | May 14, 2005
Cyber and Privacy Risk and Insurance
Storing Liability: the Increasing Risks of Off-Site Data Storage
Gary Clayton | May 1, 2005
