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Expert Commentary


Latest Articles

Writing Tips for Insurance Professionals

Log Notes, Emails, and Bad Faith Lawsuits

Gary Blake | June 14, 2003

Gary Blake explains how poor writing skills can often be a determining factor in deciding whether an insurer has shown vexatious, unreasonable, or outrageous conduct in its claims handling.

Mediation

When Logic Just Doesn't Work

Jeff Kichaven | June 1, 2003

Sometimes during mediation, progress and negotiations are stalled due to one of the parties inability to act, a type of client paralysis. Mediation tactics, such as the "magical paradox" technique, can be used to help overcome this paralysis. Jeff Kichaven explains.

Intellectual Property

Where the Rubber Meets the Road—Intentional Trademark Infringement and Insurance Coverage

Sanford Warren | June 1, 2003

Sanford Warrem explains that you need to understand what constitutes intentional trademark infringement to determine if the intentional acts exclusion in a business CGL policy would apply.

Liability Insurance

When Is an Insured Not an Insured?

Craig Stanovich | June 1, 2003

Craig Stanovich looks at the first step in accurate coverage interpretation: identifying who is an insured and when protection applies.

Maritime Law

A Lien Is a Lien Is a Lien, but a Maritime Lien Is Not

Michael Orlando | June 1, 2003

In his maritime legal trends column, Michael Orlando discusses maritime liens—what they are and what they are not—and a recent disturbing decision by the Fifth Circuit Court of Appeals.

Enterprise Risk Management

Implementing Enterprise Risk Management: Getting the Fundamentals Right

Jerry Miccolis | June 1, 2003

Jerry Miccolis examines ERM fundamentals - objectives, scope, organization, and tools that companies can use to establish an ERM framework and implementation plan.

Litigation Management

How To Overhaul Your Panel Counsel Network

Michael Boutot | May 1, 2003

Michael Boutot discusses how to tune up your litigation management program by selecting a panel of law firms that will work with you to reduce and control legal costs.

Market Practices

Binders and Confirmation

Peter Polstein | May 1, 2003

Peter Polstein discusses insurance binders and why the placing agent or broker must make absolutely certain that all parties fully understand the coverage ramifications.

Property Insurance

Procedure for Conduct of Appraisal Evolves in Florida

Douglas Berry | May 1, 2003

The approach of the hurricane season emphasizes the importance of understanding how courts apply appraisal clauses in property insurance disputes. Doug Berry explains.

Construction Defect Coverage

The Myth of "Third-Party" Property Damage

Patrick Wielinski | May 1, 2003

Pat Wielinski discusses the varying judicial application of standardized CGL definitions to claims involving defective work, and the coverage myths that have arisen as a result.