Expert Commentary

Latest Articles

Professional, D and O, and Fiduciary Liability

Policy Limitations on Coverage: A D&O Trend in a Hard Market

John Black | April 1, 2003

D&O insurers appear to be denying coverage more frequently now than in the soft market, relying on the personal profit, fortuity, and insurable loss arguments. John Black Jr. examines the recent case law.

Surety

Subdivision/Improvement Bonds

Rolf Neuschaefer | April 1, 2003

Learn how subdivision/improvement bonds provide financial security for property owners and developers, ensuring the completion of essential infrastructure improvements. Rolf Neuschaefer explains.

Workers Compensation Issues

Illegal Employment Contracts Will Not Protect Employer with Regard to Compensability of Workers Compensation Injuries

Jim Pocius | April 1, 2003

Jim Pocius examines situations where employers have attempted to limit workers compensation benefits to their employees, and the courts' response.

Construction Safety

On the Trail of Truth: Conducting an Accident Investigation

Ron Prichard | April 1, 2003

In this article, Ron Prichard explains the stages of a construction accident investigation, organizing and managing the process, and acquiring needed data.

Drafting and Interpreting Policies

A Vote Against Broker-Drafted Manuscript Policies (in Most Cases)

Kenneth Wollner | April 1, 2003

Ken Wollner explains why he believes manuscript wording should be used only to the extent necessary to achieve an important risk management objective.

Environmental

Insured Fixed-Price Contracts as a Means to Quantify Costs and Obtain Funds to Clean Up Contaminated Sites: the Kenosha Model

Michael Hill | April 1, 2003

Using the Kenosha model, Michael O. Hill discusses why insured fixed-price contracts (IFCs) are often the best way to quantify and obtain cleanup funds.

Healthcare Professional Liability Insurance

Tort Reform and Its Impact on Medical Malpractice Insurance

Charles Kolodkin | March 21, 2003

Charles Kolodkin discusses how the medical malpractice insurance industry is definitely in crisis, with many insurers refusing to cover hospitals and physicians.

Catastrophe Risk Management

Quantifying the Risk for Progressive Collapse in New and Existing Buildings

Nathan Gould | March 1, 2003

Nathan Gould discusses the increased risk of progressive collapse in buildings due to terrorism and abnormal loading conditions, emphasizing the importance of standard guidelines and other mitigation measures.

Design and Professional Liability

Liquidated Damages Clause and Waiver of Consequential Damages Clause Effectively Cap Damages Available against Design-Builder

Kent Holland | March 1, 2003

Kent Holland examines a case that provides insight into the judicial interpretation of contract clauses that purport to limit liability of engineers/contractors.