Expert Commentary
Latest Articles
Surety
Surety Bond Penalty Waivers in Takeover Situations
Marilyn Klinger | July 1, 2001
Courts recognize that the performance bond surety's limit of liability is the amount stated in its bond. There are a number of courts which have found that a performing surety waives its limited liability under the bond simply by taking over the principal's work. The prudent surety should, if at all possible, insist on an express limitation of liability when it takes over. However, creative arguments exist for the performing surety's liability to be limited to its bond amount, unless the surety expressly waives such limitation in writing.
Surety
All Guarantees Are Not Created Equal
Rolf Neuschaefer | July 1, 2001
In construction, the obvious alternative to the owner/lender assuming the performance risk is to secure some form of guarantee. Rolf Neuschaefer examines some of the alternatives and highlights differences between them.
Risk and Insurance History
The Great Fire of London
Barry Klein | June 1, 2001
Barry Klein explains how the Great Fire of London catalyzed the birth of the modern insurance industry and explores the historical events that shaped its emergence.
Drafting and Interpreting Policies
Sick Building Syndrome and a Definition of "Pollution Conditions"
Kenneth Wollner | June 1, 2001
Are sick building syndrome claims covered under your insurance policy? Check the language. But what conclusion do you reach when the conditions, definitions, and exclusions don't jibe? This article examines the quandary.
Reinsurance
The Trouble with Giving Away the Pen
Larry Schiffer | June 1, 2001
Managing general agents have always been used to provide special expertise to insurance/reinsurance companies. However, they are often viewed negatively. Larry Schiffer discusses some of the problems that arise in a managing agency relationship and suggests viable solutions.
Agent and Broker Technology Issues
Next Generation Management Systems
Steve Anderson | May 12, 2001
Steve Anderson describes current Application Service Providers and their offerings, including advantages and disadvantages to consider.
Liability Insurance
Insurance Coverage Disputes and Society's Problems
Jill B Berkeley | May 1, 2001
Unfortunately, insurance coverage disputes mirror casualty and liability losses throughout the world. This article examines recent litigation involving insurance coverage disputes and violent crimes and sexual assaults.
Maritime Law
Admiralty Jurisdiction: A Challenge for Even the Seasoned Practitioner
Michael Orlando | May 1, 2001
Determining whether admiralty jurisdiction exists over a particular claim can prove extremely challenging, even for those well versed in admiralty law. This article examines the history, landmark cases, and how to determine where the baseline exists on a coastal state.
Workers Compensation Issues
Workers Compensation and Medicare
Jim Pocius | May 1, 2001
Medicare now believes there has been an illegal shift of medical benefits from workers compensation insurers to Medicare. To stem this flow, Medicare hopes to examine all workers comp settlements, even when claimants do not qualify for Medicare benefits. Jim Pocius explains what may be in store in this controversial area.
Construction Defect Coverage
Back to the Exclusions—The "Subcontractor" Exception
Patrick Wielinski | May 1, 2001
Explore the intricacies of the "your work" exclusion and its "subcontractor" exception within CGL policies, and understand their impact on construction defect cases.
Drafting and Interpreting Policies
Sick Building Syndrome and a Definition of "Pollution Conditions"
Kenneth Wollner | June 1, 2001
Liability Insurance
Insurance Coverage Disputes and Society's Problems
Jill B Berkeley | May 1, 2001
Maritime Law
Admiralty Jurisdiction: A Challenge for Even the Seasoned Practitioner
Michael Orlando | May 1, 2001
Construction Defect Coverage
Back to the Exclusions—The "Subcontractor" Exception
Patrick Wielinski | May 1, 2001
