Expert Commentary

Latest Articles

Surety

Can a Surety Enforce the Automatic Stay in the Principal's Bankruptcy?

Marilyn Klinger | February 1, 2003

Where a contract has not been terminated prior to the bankruptcy, a surety has standing to enforce the automatic stay against the owner. Marilyn Klinger discusses the factors that can affect recovery.

Catastrophe Risk Management

Earthquake Performance of Nonstructural Components

Nathan Gould | January 11, 2003

Nathan Gould discusses the critical impact of nonstructural components' performance during earthquakes, emphasizing the importance of stringent design requirements in building codes.

Maritime Law

Maritime Pollution: Mixing OPA and CERCLA Makes for Foul Waters

Michael Orlando | January 11, 2003

The interaction between the Oil Protection Act and the Comprehensive Environmental Response, Compensation, and Liability Act over an Oil Spill Liability Trust Fund recovery can be muddy. Michael Orlando explains.

Surety

Minimum Insurance Requirements

Rolf Neuschaefer | January 1, 2003

The principal's financial stability is vitally important to the surety underwriter. Rolf Neuschaefer explains what to look for when risk of loss is transferred to others by contract.

Environmental

Managing Environmental Liabilities through Contracts

Jeff Slivka | January 1, 2003

There are real and perceived environmental hazards or contamination routinely found at construction sites. In this article, Jeff Slivka explores less common provisions for managing environmental risk through contracts.

Drafting and Interpreting Policies

The Enigma of Causation in Insurance Contract Interpretation

Kenneth Wollner | January 1, 2003

What does a wily rabbit, a bizarre marine fire, and tectonic plate slippage have to do with interpretation of the causation requirement in insurance policies? Ken Wollner explains.

Professional, D and O, and Fiduciary Liability

Insurance for A-Side D&O Exposures after Enron—A Riskier Proposition?

John Black | December 1, 2002

In today's difficult legal and economic climate, has pure directors and officers liability coverage become a riskier proposition? New Expert Commentator John E. Black Jr. examines the issues.

Environmental

Environmental Insurance Changes the Game for Commercial Lenders

Alan Bressler | December 1, 2002

Environmental insurance not only protects the lender's interests but helps facilitate the commercial loan process. Alan Bressler and Dan Peltz explain.

Market Practices

Insurance Coverage Specifications in the Hard Market

Peter Polstein | December 1, 2002

It's important to cover all the potential areas of loss your firm faces, even if insurance is not available or affordable. Peter Polstein reviews coverage extensions you should consider.