Expert Commentary
Latest Articles
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.
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.
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.
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.
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.
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.
Wrap-Up Programs
Rolling Wrap-Up Programs
Richard Resnick | May 1, 2005
There are many variables to the rolling wrap-up program. Rich Resnick discusses the pitfalls and the upside of instituting these programs.
Workplace Violence Prevention
School Violence
James Madero | April 9, 2005
The potential for school violence has led many school systems to either implement a school violence prevention program or augment the one already in place. Dr. James Madero explains.
Ethics
Special Knowledge, Special Duties?
George Head | April 1, 2005
Do risk management professionals have a responsibility to share their expertise with others, even when they are not paid or asked to do so? Dr. George Head says "Yes!"
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
Environmental
Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy
Kent Holland | May 1, 2005
