Expert Commentary

Latest Articles

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.

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.

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.

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.

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.

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.

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.