Expert Commentary

Property Insurance

Court Finds "Direct Physical Loss or Damage" Due to "Impairment of Function and Value"

Douglas Berry | March 1, 2001

This article examines the recent Minnesota appellate court decision which determined that the requirement for "direct physical loss or damage" was met in the absence of tangible injury when government regulations rendered cereal unfit for sale, resulting in "an impairment of function and value" of insured property.

Design and Professional Liability

Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine

Kenneth Slavens | March 1, 2001

The merits and failings of the economic loss doctrine as applied to the design professions have been continually debated. Learn how relatively recent court opinions have signaled further erosion of the protection that the doctrine provides.

Reinsurance

Cut-Through Provisions in Reinsurance Agreements

Larry Schiffer | March 1, 2001

Larry Schiffer explains how cut-through endorsements are attached, triggered, and employed, and how they may be unenforceable in some jurisdictions.

Whether Pre-Tender Environmental Response Costs Are Voluntary Payments: Is There a Prejudice Requirement?

Jeffrey Woodward | February 15, 2001

Explore the intricacies of pre-tender environmental response costs and understand the legal implications of voluntary payments and prejudice requirements.

Construction Liability Insurance

How Well Does That Blanket Cover You?

Ann Hickman | February 1, 2001

Blanket additional insured endorsements are useful tools for preventing administrative oversights and reducing paperwork, but they also carry risks for both the named and additional insureds. Discover methods contractors and subcontractors can use to minimize the risks of breaching their contracts when using blanket AI endorsements.

Workers Compensation Issues

Workers Compensation and Course of Employment

Jim Pocius | February 1, 2001

Jim Pocius discusses the meaning of an employee being in the course of employment relating to workers compensation laws.

Liability Insurance

Coordinating Persons Insured in Primary and Excess Liability Policies

Richard Rudolph | February 1, 2001

Too often, little attention is paid to exactly how coverage follows the various insureds from underlying policies into umbrella/excess layers. Richard Rudolph teaches the three important points to review when coordinating coverage: the named insureds, the additional insureds, and insured-versus-insured provisions.

Time Element

Beyond the Policy: Documenting a Business Interruption Claim

Daniel Torpey | February 1, 2001

Learn how to effectively document a business interruption claim to ensure a smooth settlement process with this comprehensive guide.

Additional Insured Issues

Where There Is a Right, There Is a Remedy—Except in Illinois

Joseph Postel | February 1, 2001

In a recent opinion, the Illinois Appellate Court denied pro rata reimbursement to an insurer whose policy afforded additional insured status to a project owner and general contractor This article explains where the court went wrong when it ruled that the doctrine of equitable contribution did not apply because the two policies insured different risks

Construction Defect Coverage

Insurance Coverage for Mold Arising Out of Defective Workmanship

Patrick Wielinski | February 1, 2001

Discover how contractors navigate insurance coverage for mold issues due to defective workmanship, including legal interpretations and policy implications.