Explore Resources
Home Articles Expert Commentary

Expert Commentary

Latest Articles

Clear All

Maritime Law

Circuit Split Widens over Exculpatory Clauses in Maritime Contracts

Michael Orlando | February 1, 2004

Michael Orlando explains how a recent Eighth Circuit decision involving a fire at a marina highlights and widens the current split among federal circuits over the enforceability of "red-letter" clauses.

Intellectual Property

Avoiding Willful Infringement in Intellectual Property Litigation—Part 1

Sanford Warren | February 1, 2004

Learn how to navigate the complexities of intellectual property litigation and avoid willful infringement with this comprehensive 3-part guide from Sanford Warren and Jack Richards.

Writing Tips for Insurance Professionals

A Few Tips on Writing to Opposing Attorneys

Gary Blake | January 1, 2004

Writing to opposing counsel is never easy. Gary Blake offers examples of poorly written correspondence and tips on how to avoid being stodgy, arrogant, and overbearing.

Surety

ERISA Preemption and Claims for Employee Benefits

Marilyn Klinger | January 1, 2004

While prevailing California case law still holds that ERISA preempts an employee benefit trust fund action against a payment bond surety, this trend is waning. Marilyn Klinger explains.

Claims Practices

Adjusting Liability Claims

Barry Zalma | January 1, 2004

Barry Zalma details the claims adjuster's job: an investigator, an insurance contract expert, and a person of empathy who fulfills the policy promises to defend and indemnify the insured.

Reinsurance

Up-Front about Reinsurance

Larry Schiffer | January 1, 2004

The fronting relationship can cause confusion. In this article, Larry Schiffer explains the basics of fronting and why it may be necessary for licensing, rating, pooling, or regulatory reasons.

Corporate Aviation

Private Aviation: Developing a Corporate Policy

Adam Webster | December 13, 2003

Most firms don't have an internal policy, oversight, or any method of tracking the use of private aircraft by staff members. Adam Webster identifies key features of such policies.

Market Practices

Excess Follow Form versus Umbrella

Peter Polstein | December 1, 2003

Peter Polstein takes a look at excess insurance by addressing coverage terms and conditions, and negotiations.

Property Insurance

Florida Revisits Its Condominium Insurance Statute Once Again

Douglas Berry | December 1, 2003

Doug Berry explains how a new statute affects hazard insurance policies issued to condominium associations with an effective date of January 1, 2004, and beyond.

Cyber and Privacy Risk and Insurance

Creating a Privacy Policy Compliant with the New Online Privacy Protection Act

Gary Clayton | December 1, 2003

Gary Clayton discusses a new California law sure to result in lawsuits against commercial website operators who don't post an adequate privacy policy and what should be done to comply.