Expert Commentary
Latest Articles
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.
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.
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.
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.
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.
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.
Design and Professional Liability
The Ability To Disclaim Liability Resulting from Inspection Duties
Kenneth Slavens | May 1, 2003
Through the examination of case law, Ken Slavens reveals judicial support for the argument that the risk the design professional assumes by inspection or observation can be limited by contract.
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.
Enterprise Risk Management
Implementing Enterprise Risk Management: Getting the Fundamentals Right
Jerry Miccolis | June 1, 2003
Intellectual Property
Where the Rubber Meets the Road—Intentional Trademark Infringement and Insurance Coverage
Sanford Warren | June 1, 2003
Property Insurance
Procedure for Conduct of Appraisal Evolves in Florida
Douglas Berry | May 1, 2003
Design and Professional Liability
The Ability To Disclaim Liability Resulting from Inspection Duties
Kenneth Slavens | May 1, 2003
Construction Defect Coverage
The Myth of "Third-Party" Property Damage
Patrick Wielinski | May 1, 2003