Energy Industry Articles

Environmental

Silly Insurance Requirements Lead to Bogus Insurance Certificates

2023-01-27 | David Dybdahl

Be vigilant for outdated wording. David Dybdahl explains what to look for.

Regulation and Compliance

How Are Commercial Service Contracts Regulated?

2022-12-01 | Aaron E Lunt

Aaron Lunt discusses the key considerations in determining how states regulate business service contracts.

Catastrophe Risk Management

FAQs for Surviving Hurricane and Flood Losses

2022-09-01 | Robin K Olson

FAQs for Surviving Hurricane and Flood Losses—IRMI offers assistance in the form of informative tips for dealing with insurance claims.

Regulation and Compliance

New Enhancements to Auto Service Contract Laws

2022-06-15 | Aaron E Lunt

Aaron Lunt examines the legislative status of auto protection products.

Environmental

How COVID-19 Changed the Commercial Cleaning Business

2021-06-18 | David Dybdahl

Early indications are that change is coming in providing insurance. David Dybdahl relates the history and prognosis.

Environmental

Managing the Risks of Resiliency-Related Services

2021-03-26 | David Dybdahl

In light of winter storms, restoration and reconstruction are critical. David Dybdahl looks for coverage.

Catastrophe Risk Management

Dealing with Winter Storm Damage

2021-02-19 | Robin K Olson

In light of the devastating storms that hit the United States, IRMI is providing advice on what damage is covered and tips on filing insurance claims.

Claims Management 03

The Dilemma of Insuring Virus Claims

2021-01-15 | Christopher E Mandel

The Dilemma of Insuring Virus Claims—It's going to take risk mitigation strategies as well as risk transfer, per Chris Mandel.

Environmental

Proactively Manage COVID-19 Risks in the Built Environment

2021-01-08 | David Dybdahl

David Dybdahl addresses the hype, hoopla, hazard, and risk.

Claims Management 03

Telemedicine in the Age of the Pandemic

2020-10-02 | Christopher E Mandel

Telemedicine in the Age of the Pandemic—Telemedicine and its derivatives are more relevant than ever during COVID-19. Chris Mandel explains.

Environmental

Cost Cap Is Back (and Better Than Before)

2020-08-28 | Michael O Hill

Cost Cap Is Back (and Better Than Before)—Gone for nearly a decade, this environmental product makes a welcome resurgence, per Michael Hill.

Environmental

Mitigating the COVID-19 Risk in Buildings

2020-07-24 | David Dybdahl

David Dybdahl explains how biohazard risks require specially adapted risk management protocols.

Claims Management 03

Presumption of WC Claim Compensability in the Age of COVID

2020-07-03 | Christopher E Mandel

Presumption of WC Claim Compensability in the Age of COVID—From the "Grand Bargain" to the pandemic, Chris Mandel looks at the impacts.

Environmental

Environmental Insurance Coverage for COVID-19 and Other Biological Hazards

2020-04-10 | David Dybdahl

EIt's rare to find coverage for biological contamination risks. David Dybdhal elaborates.

Claims Management 03

Claims Management and Effective Risk Management

2020-03-20 | Christopher E Mandel

Claims Management and Effective Risk Management—Claims are the outgrowth of risk and exposure. Chris Mandel relates their relationship.

Claims Management 03

Bad Faith, Litigation Trends, and Emerging Tactics

2020-01-10 | Christopher E Mandel

Bad Faith, Litigation Trends, and Emerging Tactics—Chris Mandel examines legal costs that contribute significantly to the total cost of claims.

Regulation and Compliance

Motor Vehicle Service Contract Ancillary Products

2020-01-03 | Aaron E Lunt

Motor Vehicle Service Contract Ancillary Products—Aaron Lunt takes a look at coverage for auto tires and wheels, theft, vehicle appearance, and fobs.

Catastrophe Risk Management

Ghost Building: What Is It, and How Do You Insure One?

2019-11-22

Learn how to identify and handle ghost buildings, a traditionally overlooked risk in construction, in this article by Swiss Re.

Catastrophe Risk Management

FAQs for Surviving Tornado Losses

2019-11-01 | Robin K Olson

IRMI offers information about dealing with tornado insurance claims.

Regulation and Compliance

New Trends in Insurance

2019-11-01 | Aaron E Lunt

New Trends in Insurance—Aaron Lunt highlights a few innovative changes emerging in insurance.

Claims Management 03

The Future of Workers Compensation Claim Systems

2019-09-27 | Christopher E Mandel

The Future of WC Claim Systems—Chris Mandel reviews Scenarios for the 2030s: Threats and Opportunities for Workers' Compensation Systems.

Environmental

In Search of Sasquatch and Construction Defect Insurance

2019-09-27 | David Dybdahl

Both are more than elusive, they are nonexistent, per David Dybdahl.

Claims Management 03

Federal Terrorism Reinsurance Claim Recovery

2019-06-28 | Christopher E Mandel

Christopher Mandel reviews the history and the Federal Terrorism Reinsurance claims process.

Regulation and Compliance

Warren Buffett Likes Insurance Companies

2019-06-28 | Aaron E Lunt

Warren Buffett Likes Insurance Companies—Aaron Lunt looks at the attraction to and how insurers make money.

Regulation and Compliance

What Is an Insurance Model Law?

2019-05-17 | Aaron E Lunt

What Is an Insurance Model Law?—Do you know how insurance laws develop? Aaron Lunt explains the process.

Catastrophe Risk Management

Natural Catastrophe Management

2019-05-03 | Joe DiRubbo

The risk of a natural catastrophe and secondary perils is a big one. Joe DiRubbo examines the issues.

Claims Management 03

Examining WC Waivers of Subrogation

2019-04-12

While often required by contract, waivers pose significant risk to subcontractors' loss experience. Glenn Brown explains.

Claims Management 03

Examining WC Waivers of Subrogation

2019-04-12

While often required by contract, waivers pose significant risk to subcontractors' loss experience. Glenn Brown explains.

Environmental

Avoid Common Errors with Environmental Risks and Insurance

2019-04-12 | David Dybdahl

David Dybdhal shows why insurance buyers are often inadequately insured for contamination risks.

Claims Management 03

WC Court Rulings, Legislation, and Advocacy-Driven Claim Outcomes

2019-03-29 | Christopher E Mandel

WC Court Rulings, Legislation, and Advocacy-Driven Claim Outcomes—Worker advocacy is worth the investment and does have an impact, per Chris Mandel.

Environmental

Mold Damage from Allegedly Defective Work Excluded from CGL Coverage

2019-03-08 | Kent Holland

Mold Damage from Allegedly Defective Work Excluded from CGL Coverage—The homeowners pollution and mold exclusions also applied. Kent Holland explains.

Claims Management 03

Captive Claim Management

2019-01-18 | Christopher E Mandel

Captive Claim Management—Chris Mandel looks at the similarities and differences of managing claims for a captive.

Environmental

Avoid Insurance Broker Professional Liability Losses from Environmental Risk

2019-01-11 | David Dybdahl

Dave Dybdahl describes a 4-step loss prevention protocol.

Environmental

When It's Too Late To Buy Pollution Legal Liability Insurance

2019-01-04 | Jeff Slivka

When It's Too Late To Buy Pollution Legal Liability Insurance—The message from Jeff Slivka is it's imperative to initiate the process as soon as possible.

Catastrophe Risk Management

Implementing Natural Hazard Resilience throughout a Large Organization

2018-11-30 | Nathan C Gould

Implementing Natural Hazard Resilience—Nathan Gould explains the importance of developing a natural hazard design standard to increase facility and operational resilience.

Regulation and Compliance

What Is Subrogation?

2018-11-30 | Aaron E Lunt

What Is Subrogation?—Subrogation benefits all. Aaron Lunt explains how it works and the benefits.

Environmental

Pollution Exclusion Applied to Lead-Based Paint

2018-10-26 | Kent Holland

Pollution Exclusion Applied to Lead-Based Paint—Georgia's interpretation applied, not Maryland's. Kent Holland relates the case.

Claims Management 03

Workers Compensation Claims and the Opioid Impact Revisited

2018-09-28 | Christopher E Mandel

Workers Compensation Claims and the Opioid Impact Revisited—Chris Mandel looks at the crisis and efforts to quell the tide.

Environmental

Preventive Environmental Measures Ruled Not Insured Damages

2018-09-07 | Kent Holland

Preventive Environmental Measures Ruled Not Insured Damages—Migration of acid drainage from a coal mine is not unexpected. Kent Holland relates the case.

Claims Management 03

Appraiser Disqualified for Contingent Fee

2018-08-24 | Barry Zalma

Appraiser Disqualified for Contingent Fee—Barry Zalma discusses a Colorado case emphasizing the need for appraisers and umpires to be impartial and fair.

Regulation and Compliance

Credit Card Insurance Benefits

2018-08-17 | Aaron E Lunt

Credit Card Insurance Benefits—Aaron Lunt discusses the variety of offers available from financial institutions vying for customers.

Claims Management 03

Greedily Contesting Claim Recovery Can Backfire

2018-07-27 | Barry Zalma

Greedily Contesting Claim Recovery Can Backfire—Barry Zalma relates a suit for total disability that didn't go well for the insured.

Claims Management 03

Insurtech and the Claim Function

2018-07-13 | Christopher E Mandel

Insurtech and the Claim Function—The insurance claim process has much to gain from technological advances, per Christopher Mandel.

Environmental

The Sudden and Accidental Pollution Coverage Myth

2018-06-15 | David Dybdahl

Learn the history, problems, litigation, and solutions for accidental pollution coverage from David Dybdahl.

Regulation and Compliance

An Insurer's Framework To Hire outside Counsel

2018-05-11 | Aaron E Lunt

Aaron Lunt offers advice on when to hire outside counsel, especially for regulatory compliance issues.

Claims Management 03

Insurance Claim Resolution and Settlement

2018-03-23 | Christopher E Mandel

Insurance Claim Resolution and Settlement—Chris Mandel looks at ways to reach faster and more equitable and efficient claim closure.

Environmental

Insuring Farmers for Environmental Damage Claims

2018-03-16 | David Dybdahl

Specialized insurance is needed for pollution-related exposures, per David Dybdahl.

Environmental

Contractors Pollution Liability Update

2018-03-16 | Jeff Slivka

Contractors Pollution Liability Update—Still growing in popularity, Jeff Slivkadetails the components, market, and prospects.

Regulation and Compliance

Can a Legal Department Become More Efficient?

2018-03-02 | Aaron E Lunt

Can a Legal Department Become More Efficient?—Companies can improve efficiencies and quantify value with a few tweaks, per Aaron Lunt.

Environmental Risk Management

Desire To Protect Assets Drives CPL Buyers

2018-02-02 | Jeff Slivka

Desire To Protect Assets Drives CPL Buyers—Purchases are expected to rise over the next 2 to 3 years, per Jeff Slivka.

Claims Management 03

Claim Evaluation: Determining Valuation

2018-01-19 | Christopher E Mandel

Claim Evaluation: Determining Valuation—Establishing claim value is the heart of the process. Chris Mandel describes the components.

Environmental

Insuring Indoor Environment Risks in Commercial Property

2018-01-19 | David Dybdahl

David Dybdahl examines pollution/fungi/mold/bacteria risks and solutions.

Environmental

Continuous/Progressive Exclusion Bars Coverage

2018-01-05 | Kent Holland

Continuous/Progressive exclusion Bars Coverage—Kent Holland relates a recent California water intrusion case.

Claims Management 03

Looking at the Tort of Bad Faith

2017-11-03 | Barry Zalma

Looking at the Tort of Bad Faith—Although around for decades, Barry Zalma argues the tort should be put down like a vampire.

Regulation and Compliance

Insurance Is Regulated by States, Right?

2017-11-03 | Aaron E Lunt

Insurance Is Regulated by States, Right?—The federal government is becoming more involved in the business of insurance, per Aaron Lunt.

Catastrophe Risk Management

Multi-Hazard Design to Improve Facility Resilience

2017-10-13 | Nathan C Gould

Multi-hazard Design To Improve Facility Resilience—When building, consider strengthening building codes, advises Nathan Gould.

Claims Management 03

Claim Investigation: Reaching Resolution

2017-10-06 | Christopher E Mandel

Chris Mandel discusses efforts necessary close a claim, from gathering evidence to litigation to setting reserve.

Environmental

Avoiding Insurance Coverage Litigation for Pollution Losses

2017-09-22 | David Dybdahl

Buying true environmental insurance can reduce lawsuits, per Dave Dybdhal.

Regulation and Compliance

Technology and the Motor Vehicle Service Contract Industry

2017-09-08 | Aaron E Lunt

Technology and the Motor Vehicle Service Contract Industry—Aaron Lunt says it must anticipate market needs, shifting regulations, and ownership issues.

Environmental

Mold Tops Environmental Impairment Policy Claims

2017-06-30 | David Dybdahl

Dave Dybdahl looks at increases in mold and bacteria-related losses and ways to cover them.

Claims Management 03

Claim Reporting Best Practices

2017-06-23 | Christopher E Mandel

Claim Reporting Best Practices -- Chris Mandel examines the first of five major components of the claim management process, whether for insured, partially insured, or uninsured claims.

Regulation and Compliance

Warranty, Service Contract, and Insurance

2017-04-28 | Aaron E Lunt

Warranty, Service Contract, and Insurance—While they have many similar components, Aaron Lunt explains that their dissimilarities are important under the law.

Claims Management 03

The Claim Function and Best Practices

2017-03-31 | Christopher E Mandel

Chris Mandel explains the fundamentals of claims management and the best ways to get to reasonable outcomes for all parties.

Environmental

Avoid Common Mistakes That Lead to Uninsured Environmental Loss

2017-03-31 | David Dybdahl

Dave Dybdahl warns against ignoring the effects of pollution exclusions and the environmental insurance market.

Regulation and Compliance

Understanding the Consumer Financial Protection Bureau

2017-02-17 | Aaron E Lunt

Learn about the Consumer Financial Protection Bureau, which is part of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Claims Management 03

Insurance Claim Fraud and Social Media

2017-01-13 | Christopher E Mandel

Insurance fraud is increasing, but law enforcement and social media may help slow it down.

Environmental

Environmental Risks and Insurance: Looking Back and Forward

2017-01-13 | David Dybdahl

David Dybdahl examines the environmental insurance marketplace in 2016, and offers predictions for this year and beyond.

Regulation and Compliance

What Is a Contractual Liability Insurance Policy?

2016-11-04 | Aaron E Lunt

Learn what a contractual liability insurance policy (CLIP) is, why it's necessary, and how it is used in the marketplace to protect both businesses and consumers.

Environmental

Lead-Based Paint Is a "Pollutant" within CGL Pollution Exclusion

2016-10-07 | Kent Holland

A recent case applies CGL definition of "pollutant" broadly to include potential contaminant situations.

Regulation and Compliance

Insurance Protection on My Cell Phone

2016-09-02 | Aaron E Lunt

Cell phone insurance via portable electronic insurance (PEI) is available in all states except Wyoming.

Claims Management 03

Opioids: a Stumbling Block to Good Claim Outcomes

2016-07-22 | Christopher E Mandel

For injured workers on opioids, claims professional vigilance can facilitate better results.

Environmental

A Big Picture on Environmental Insurance

2016-07-01 | David Dybdahl

David Dybdahl provides the environmental insurance issues (risks, markets, forms, litigation) and offers solutions.

Claims Management 03

Managing Claims for the Benefit of Consumers

2016-03-18 | Christopher E Mandel

Whether occupational or injury or property casualty insurance claims, put consumers first.

Regulation and Compliance

What in the World Is a Motor Vehicle Service Contract?

2016-03-18 | Aaron E Lunt

Motor vehicle service contracts are defined, differ from insurance, and are regulated.

Environmental

Fixed-Price Contracts Using Cost-Cap Alternatives for Environmental Cleanup

2016-02-12 | Michael O Hill

Michael Hill explains how this option can facilitate cleanups that otherwise could take years just to begin.

Catastrophe Risk Management

Obtaining the Right Builders Risk Insurance Coverage

2016-02-05 | Christopher, M., Brophy,, David, G., Jordan

You're building an office building, residential complex, hotel, or multiuse construction project for an estimated cost of $120 million, and your lender says it wants $120 million of insurance coverage for wind storm, flood, and other perils. But wait—is that amount suitable for the project?

Environmental

Environmental Insurance: Just the Facts

2015-10-02 | David Dybdahl

David Dybdahl advises insurance producers to seek out qualified help to match the environmental coverage needs of the customer with an appropriate EIL policy.

Environmental

A User's Guide to Pollution Exclusions and Environmental Insurance

2015-09-25 | David Dybdahl

Many don't understand their need for environmental insurance. David Dybdahl explains the risks and provides a field guide for agents/brokers.

Environmental

Damages from Natural Gas Pipe Explosion Covered

2015-09-11 | Kent Holland

Where leak creates fire, subsequent explosion is caused by a pollution condition covered under CPL policy. Kent Holland relates the case.

Environmental

CGL Pollution Exclusion Bars Coverage for Insulation Injuries

2015-08-14 | Kent Holland

Kent Holland relates a recent case involving the inhalation of pollutants allegedly released during installation.

Claims Management 03

Next-Level Claim Strategies

2015-07-24 | Christopher E Mandel

Chris Mandel explains how such strategies can provide a clear advantage over traditional approaches and offer a competitive advantage for organizations that effectively deploy them.

Environmental

Avoiding Common Insurance Certificate Errors

2015-07-17 | David Dybdahl

While insurance regulators and professional organizations have focused on creating clarity, Dave Dybdahl says they have done anything but.

Claims Management 03

Workers Compensation Options in Claims Management

2015-04-03 | Christopher E Mandel

When it comes to workers comp, many states benefit from giving employers a choice, says Chris Mandel.

Environmental

State Supreme Court Changes the Game on Pollution Exclusions and Environmental Insurance

2015-03-01 | David Dybdahl

The Wisconsin Supreme Court has muddied contaminated waters, so to speak. Dave Dybdahl relates the cases and their implications.

Environmental

Insurance Coverage for Losses Arising from the Ebola Virus

2014-12-01 | David Dybdahl

Coverage may exist in general liability and property insurance policies that would not be there for fungi and bacteria contamination. David Dybdahl explains.

Catastrophe Risk Management

Insurance Considerations in Operational Resilience

2014-08-01 | Christopher M Brophy

Christopher Brophy examines the practical considerations for recovery planning and how well the insurance program melds.

Environmental

Contractors Environmental Liability Insurance: Claims-Made versus Occurrence

2014-07-01 | David Dybdahl

There is much debate over the best trigger for contractors environmental liability insurance. David Dybdahl clears up the confusion.

Environmental

Building Owner Not Barred by "Waiver of Subrogation" Clause from Seeking Damages Against Contractors for Diesel Leak Harming "Nonwork" Property

2014-04-01 | Kent Holland

An AIA waiver of subrogation does not limit the owner's right to seek recovery for contractors' damage to non-work. Kent Holland relates a recent case.

Environmental

Chemical Spill in West Virginia: Where Does Liability Stop When Contamination Rolls Downhill?

2014-03-28 | Rodney J Taylor

While interesting to understand how it happened, Rod Taylor explains that learning why it occurred and the lessons are more important.

Environmental

Rational CPL Insurance Specifications

2014-03-01 | David Dybdahl

Dave Dybdahl describes the evolution of contractors pollution liability insurance and provides detailed specs.

Environmental

Train Derailment Pollution Releases

2014-02-01 | Rodney J Taylor

Several recent railway accidents involving crude oil shipments raise questions about safety and the ability to cover losses. Rodney Taylor explains.

Environmental

Duty To Defend Environmental Claims

2013-11-01 | Rodney J Taylor

Whether something constitutes a "claim" for purposes of the duty to defend can cut both ways. Rodney Taylor explains.

Catastrophe Risk Management

Covering Sinkhole Losses

2013-09-01 | Christopher M Brophy

Christopher Brophy describes the scope of sinkhole losses and available coverage.

Environmental

Hydraulic Fracturing Damages Excluded by CGL Pollution Exclusion

2012-10-01 | Kent Holland

The limited pollution coverage available by endorsement is not sufficient to manage hydraulic fracturing risks. Kent Holland relates a recent case.

Environmental

CGL Absolute Pollution Exclusion Barred Coverage for Chinese Drywall Damages

2012-06-01 | Kent Holland

Kent Holland relates a case holding that reduced sulfur gases are a pollutant dispersed into the atmosphere.

Environmental

Professional Liability Insurance for Construction Projects

2012-04-01 | Rodney J Taylor

Rodney Taylor discusses options for insuring claims arising out of the work of design professionals.

Environmental

Homeowners Insurance Excludes Chinese Drywall Damage

2012-02-01 | Kent Holland

Court grants homeowners insurer summary judgment, per Kent Holland, based on several exclusions.

Catastrophe Risk Management

Catastrophic Chemical Industry Losses—Structuring Coverage and Maximizing Recovery

2012-01-01 | Christopher M Brophy

Maximizing insurance coverage after a catastrophic loss is especially complex for chemical producers. Chris Brophy elaborates.

Environmental

Asbestos Damages Excluded under Condo Association's Property Policy

2012-01-01 | Kent Holland

Court rejects attempt to shoehorn environmental pollution damages into policy coverage. Kent Holland relates the case.

Environmental

Insuring Completed Operations Pollution Risks

2012-01-01 | Rodney J Taylor

Construction contract errors can result in uninsured pollution losses. Rodney Taylor explains how CPL policies can help.

Claims Management 03

The Next Level of Business Income Coverage

2011-11-01

Timothy King explains how insurance claims from off-premises events can harm business if not insured.

Catastrophe Risk Management

Building the Right Builders Risk Policy

2011-10-01 | Christopher M Brophy

Construction catastrophes can doom a business. Christopher Brophy explains how builders risk insurance, properly designed, can save the firm.

Environmental

Emergency Response Costs in Pollution Liability Policies—How To Avoid Making an Emergency a Disaster

2011-08-01 | Rodney J Taylor

Maximize the chance for a full recovery of emergency response costs by following these steps pre-disaster. (IRMI.com article)

Catastrophe Risk Management

Insurance Coverage Considerations for Claims Resulting from the Japanese Earthquake

2011-04-01 | Christopher M Brophy

Assessing the impact and coverage is no simple task. Chris Brophy elaborates.

Environmental

Judgment Day Comes in Global Warming Litigation

2011-02-01 | Rodney J Taylor

The Supreme Court will hear a landmark case on climate change emissions. Rod Taylor provides the details.

Environmental

CGL Pollution Exclusion Applies to Dust and Diesel Fumes

2010-12-11 | Kent Holland

Insureds get the coverage they bargained for, according to this case as related by Kent Holland Jr.

Claims Management 03

Controlling Claims Leakage through Technology

2010-11-01

Proper use of claims systems, basic reporting analysis, and advanced tools such as predictive analytics can help reduce the ultimate cost of risk, per David Tweedy.

Environmental

Mold from a Covered Concurrent Cause Still Excluded

2010-11-01 | Kent Holland

A court rules no coverage where an anti-concurrent causation clause exists. Kent Holland explains.

Environmental

CGL Policy Held to Cover Oil Spill Cleanup Costs

2010-04-01 | Kent Holland

Kent Holland examines a case where the exception to the pollution exclusion makes common law pollution damages covered.

Environmental

An Update on Chinese Drywall Claims

2010-04-01 | Rodney J Taylor

Rod Taylor reviews the current status of these claims, examining factors relevant to the cases being heard in federal and state courts.

Claims Management 03

Litigation Management—Crucial but Confusing

2010-02-01

Litigation is expensive. Glenn Brown explains how to manage costs.

Environmental

Green Building Projects and Environmental Risk

2010-01-01 | Jeff Slivka

Calling a property or structure green doesn't mean it's free of environmental liability, warns Jeff Slivka.

Claims Management 03

Reduce Claims To Improve WC Mod

2009-12-01

Manage workers compensation experience rating plans to curb expenses, per David Ackerman.

Environmental

CGL Pollution Exclusion Bars Coverage for Injury from Carbon Monoxide Released from Heater

2009-12-01 | Kent Holland

The Fifth Circuit upholds the exclusion where fumes from a heater caused birth defects. Kent Holland relates the case.

Claims Management 03

Workers Compensation Return-to-Work Programs: Cost Savers?

2009-08-01

Insurance savings can be achieved if done correctly. Glenn Brown explains.

Claims Management 03

Reducing Workers Compensation Claims during a Layoff

2009-05-01

Lisa Hartman outlines the layoff issues risk managers face and suggests strategies to help guide them.

Environmental

No Coverage in Homeowner's Policy for Mold Damage from Water Pipe Leak

2009-05-01 | Kent Holland

Kent Holland shows how the issue of whether the mold exclusion is ambiguous continues to be litigated with surprisingly different results.

Claims Management 03

Workers Compensation Reserves—Dollars and Sense

2009-02-01

William Quinn explains how improper loss reserving can affect insurers and employers, and should be monitored closely.

Claims Management 03

Is Self-Administration Ever the Right Answer?

2008-11-01

Glenn Brown explores the decision-making process along with the risks, possible rewards, and challenges of administering your own claims.

Claims Management 03

Technology and Claims: Blessing or Curse?

2008-08-01

RMIS Review Editor David Tweedy takes a look at the advantages and disadvantages of technological progress in claims management.

Environmental

Pollution Legal Liability Market Update

2008-07-01 | Jeff Slivka

Jeff Slivka expects to continue to see an expanded need for PLL insurance. Markets, coverage types, and trends are provided.

Claims Management 03

Third-Party Administrators: Quality versus Price

2008-06-01

The wise consumer will analyze the quality indicators first and then compare price when selecting a TPA. Glenn Brown explains.

Catastrophe Risk Management

Facility Damage Evaluation Following Major Disasters

2008-05-10 | Nathan C Gould

Dr. Nathan Gould explains why an effective facility evaluation plan should include the preparation of a Post-Disaster Facility Inspection Manual.

Claims Management 03

An Insurance Claims Management Retrospective

2008-04-01

William Quinn Jr. takes a look at the claims management experience, then (1950s) and now (2000s).

Environmental

"Suits" under a 1973 CGL Insurance Policy

2008-02-01 | Richard J Scislowski

ISO did not define "suit," so courts were divided, particularly in pollution cleanup cases. Rich Scislowski explains.

Environmental

Common Law Exceptions to the 1973 "Owned Property" Exclusion

2008-01-01 | Richard J Scislowski

Courts poked so many holes in the exclusion that it hardly excluded anything. Rich Scislowski explains the ISO solutions.

Environmental

Epoxy Fumes Are Unambiguously Excluded from Coverage as "Pollutants" under the CGL Total Pollution Exclusion

2007-11-01 | Kent Holland

Kent Holland relates a case on the CGL total pollution exclusion and the definition of "pollutants," "discharge," "dispersal," "seepage," "migration," "release," and "escape."

Catastrophe Risk Management

Defining the Characteristics of a PML Study

2007-03-01 | Nathan C Gould

A seismic/extreme wind risk assessment requires an understanding of how the risk assessment and loss data will be utilized. Dr. Nathan Gould explains.

Environmental

Pollution Exclusion Bars Coverage for Damage Caused by Dirt and Rocks

2007-03-01 | Kent Holland

Kent Holland looks at the trend of courts upholding the CGL pollution exclusion, even when the "pollutant" is a naturally occurring substance rather than a man-made chemical.

Environmental

Pollution Exclusions in CGL Policy Bars Coverage for Carbon Monoxide Poisoning

2007-02-01 | Kent Holland

Kent Holland shows how identical facts can result in completely different rulings, depending on the jurisdiction.

Environmental

Mold Excluded in Homeowner's Policy Is Not Covered as an Ensuing Loss of Leaking Water

2007-01-01 | Kent Holland

Kent Holland relates a Texas case holding no coverage for an excluded category of loss that follows from a covered loss.

Environmental

Naturally Occurring Hazards: They Can Be "Hazardous" to Your Contractors Pollution Liability Coverage

2007-01-01 | Jeff Slivka

Buying a CPL policy is a very sound alternative for financing environmental loss, but there are pitfalls. Jeff Slivka explains.

Environmental

State Leadership in Promoting Insurance-Based Solutions to Brownfield Redevelopment Challenges

2006-11-01 | Michael O Hill

Jeff Kehne and Michael Hill discuss environmental insurance programs at the state level.

Environmental

Financing Environmental Loss with Environmental Insurance

2006-10-01 | Jeff Slivka

Jeff Slivka offers an introduction to the various products available to the many different exposures in the many different industries throughout the country.

Environmental

Mold Litigation: Expert Testimony Required to Prove Causation

2006-04-01 | Kent Holland

Kent Holland explains how expert testimony may be required to prove causation of property damages in mold cases.

Environmental

Subrogation and Intervention in Construction Defect Case Involving Water and Mold

2006-02-01 | Kent Holland

Kent Holland describes a well-reasoned court opinion that will serve as a valuable educational tool for others contemplating similar issues.

Environmental

Absolute Pollution Exclusion in Contractors Policy Does Not Bar Coverage for Toxic Fume Injuries

2005-11-12 | Kent Holland

Kent Holland explains Nav-Its, Inc. v. Selective Insurance, span court case] where the New Jersey Supreme Court limited the pollution exclusion to hazards traditionally associated with environmentally related claims.

Environmental

Manganism?

2005-10-01 | Jeff Slivka

Jeff Slivka explains why it would be prudent for organizations to add the Manganese exposure to their overall environmental risk profile to methodically analyze the risk and manage it.

Environmental

Silica Claim Barred by Total Pollution Exclusion in CGL Policy

2005-08-01 | Kent Holland

Kent Holland summarizes a California court decision rejecting the argument that by adding an endorsement explicitly excluding asbestos, the insurer had to do the same for silica.

Catastrophe Risk Management

The Impact on Lifelines on the Estimation of Natural Hazard Loss

2005-07-01 | Nathan C Gould

Dr. Nathan Gould explains how loss of service of key lifelines can lead to increased downtime following a major natural disaster and significantly elevated business interruption costs.

Environmental

Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy

2005-05-01 | Kent Holland

Kent Holland reviews a New York case involving a pollution exclusion and discusses the Catch-22 situation facing insurers who want to modify their policy language to eliminate ambiguity.

Environmental

Whether Mold Cleanup Costs Are Covered Depends on Causation

2005-04-01 | Kent Holland

"When a covered event causes mold, the mold damage includes the cost of removal." Kent Holland explains this ruling by the New Jersey appellate court on a homeowner dispute.

Environmental

Silica—The Next Environmental Issue

2005-04-01 | Jeff Slivka

Silica exposure can be deadly. Jeff Slivka discusses the mineral, how it kills, the workplace hazard, and the insurance and risk management implications.

Catastrophe Risk Management

Understanding the Vulnerability of Hospitals to Natural Disasters

2004-12-01 | Nathan C Gould

If risks posed by natural hazards are not properly addressed, hospitals may themselves become victims of the disaster. James Bailey and Nathan Gould explain.

Environmental

Homeowners Policy Unambiguously Excluded Coverage for Mold

2004-10-01 | Kent Holland

Kent Holland examines a recent New Jersey court case ruling that mold was not covered as an ensuing loss due to vandalism.

Environmental

Environmental Liability Buyouts: A Developing Option

2004-08-01 | Jeff Slivka

This recent option for environmentally contaminated sites can provide a needed solution for managing known environmental liability for both buyers and sellers. David Bennink explains.

Security Catastrophe Risk Management

Managing Terrorism Risk

2004-07-24 | Nathan C Gould

In this article, Dr. Nathan Gould explains a three-tiered terrorism risk management plan, including initial and detailed assessments and a variety of risk management techniques.

Environmental

Managing the Environmental Risk from Subcontractors

2004-05-01 | Jeff Slivka

Jeff Slivka and Mitch Cohen look at environmental risks posed by the many workers on the construction site and how to adequately manage these risks.

Catastrophe Risk Management

Managing Extreme Wind (Hurricane) Losses

2004-03-01 | Nathan C Gould

Dr. Nathan Gould discusses extreme wind hazards, historical loss exposure, and a methodical engineered approach to effectively manage/reduce wind losses.

Catastrophe Risk Management

Performance Based Seismic Design

2003-10-01 | Nathan C Gould

Dr. Nathan Gould explains Performance Based Seismic Design - what it is, how it works, and why it is the seismic design methodology of the future.

Catastrophe Risk Management

Understanding the Language of Seismic Risk Analysis

2003-07-01 | Nathan C Gould

Even for those in the industry, the terminology used in the evolving field of seismic risk analysis can be confusing. Nathan Gould provides some definitions and clarifications.

Environmental

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

2003-04-01 | Michael O Hill

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.

Catastrophe Risk Management

Quantifying the Risk for Progressive Collapse in New and Existing Buildings

2003-03-01 | Nathan C Gould

This is discusses quantifying the risk for progressive collapse in new and existing buildings.

Catastrophe Risk Management

Earthquake Performance of Nonstructural Components

2003-01-11 | Nathan C Gould

This is discusses earthquake performance of Nonstructural components.

Environmental

Managing Environmental Liabilities through Contracts

2003-01-01 | Jeff Slivka

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.

Environmental

Environmental Insurance Changes the Game for Commercial Lenders

2002-12-01 | Alan Bressler

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

Environmental

Environmental Risk in Retail: Exposures and Solutions

2002-10-01 | Alan Bressler

Alan Bressler examines the environmental risks in retail operations and presents the relevant risk transfer products designed to mitigate these exposures.

Environmental

The Environmental Risks of Residential Construction

2002-10-01 | Jeff Slivka

Has the emergence of mold as an insurance issue caused risk managers to lose sight of "other" environmental exposures associated with residential work? Jeff Slivka provides a list of other risk management concerns.

Environmental

A Mold Prevention Program

2002-07-01 | Jeff Slivka

Mold has become such a nightmare for owners, contractors, suppliers, everyone, that if you haven't developed a prevention program, you probably will. Jeff Slivka provides a brief outline of what a mold prevention program may look like.

Catastrophe Risk Management

Optimizing the Management of Natural Disaster Exposure

2002-06-01 | Rick Clinton

Many companies feel their approach to managing their overall aggregate exposure to natural disasters is deficient. Rick Clinton examines some software and consulting options for handling the earthquake exposure.

Catastrophe Risk Management

Managing Earthquake Risk

2002-03-09 | Ron, Hamburger

Since September 11, risk managers have focused on man-made risk. However, Ron Hamburger explains the greater danger of natural catastrophes, particularly earthquakes, and how their risk should be assessed and handled.

Environmental

The Pitfalls of Accepting Contaminated Fill

2002-03-01 | Jeff Slivka

What happens when an earthwork contractor accepts fill material at the site to establish proper elevations only to discover later that the "clean fill" is anything but? Jeff Slivka provides ways to control the exposure.

Environmental

Mold: The Newest Environmental Hazard

2001-09-01 | Alan Bressler

Obtaining insurance coverage for mold-related problems is difficult, with most insurers relying on pollution exclusions and/or newly added mold exclusions to deny coverage. Kevin Shane and Alan Bressler explain the basics of the problem and offer coverage solutions.

Environmental

Introduction to ISO 14001

2001-04-01 | Jeff Slivka

With the growth of the global economy, public awareness of differences between nations' environmental programs spurred the development of an international standard for environmental sensitivity. This article examines the ISO 14001 standard, certification, and scheduled revisions.

Environmental

Brownfield Redevelopment: A Risk versus Reward Proposition

2000-12-01 | John Hannah

The number of abandoned industrial sites across America in need of environmental remediation continues to grow. With local governments striving to curb urban sprawl and eliminate inner-city decay, and with the development of recent legislative and regulatory initiatives, these 'Brownfield' sites offer an opportunity for redevelopment. This article explains how environmental insurance and innovative risk management tools help reduce the risk and uncertainty surrounding these projects.

Environmental

Lenders and Environmental Liability

2000-09-01 | John Hannah

Unknown environmental problems are a far greater source of loss to lenders than fire, vandalism, theft, or title risks. This article examines the importance of environmental liability for all financial institutions and investors that hold or invest in loans where real estate is used as collateral

Environmental

The US Environmental Liability Insurance Market—Reaching New Frontiers

2000-05-01 | John Hannah

The number and types of environmental insurance markets and products offered has increased dramatically in recent years. This article looks at the trends and events surrounding the market and provides a snapshot of the current environmental insurance marketplace.

Environmental

Hidden Environmental Exposures of the Construction Industry

2000-03-01 | Jeff Slivka

Jeff Slivka explains that contractors must open their eyes and realize that there are environmental exposures in their day-to-day operations. You don't have to be an environmental contractor to have an environmental exposure!

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