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The John Liner Review Articles Winter 2011



Overconfidence When Assessing Risk Can Lead to Unintended Consequences  

by Geary W. Sikich
7-page PDF

This article results from questions raised by the BP oil spill disaster in the Gulf of Mexico and discusses the feasibility of running a corporate risk management program without purchasing insurance.


Pre-Emergency Planning: Is the Devil in the Details?
 
by Judith Burns
10-page PDF

Discovering the problems with your pre-emergency plan before the emergency uncovers them for you. A cautionary tale that points out how an overlooked detail caused an incident to escalate into a major event.


Applying Regulatory Science Concepts to Risk-Based Decisions Under the New U.S. Tobacco Control Act  

by Jim Solyst
11-page PDF

The Family Smoking Prevention and Tobacco Control Act is a new science- and risk-based law that poses significant challenges and opportunities for the U.S. Food and Drug Administration.


Walking the Minefield: Navigating Anti-Indemnity Statutes and Maximizing Third-Party Contractual Indemnification for Construction Contracts

by Tracy Alan Saxe and Ashley Rose Adams
15-page PDF

Ensuring greater recovery and minimizing voidable contracts through understanding indemnification and state statutes regulating contractual third parties.


Forcing an Insurance Company to Pay Legal Fees for the Coverage Fight: A Study of State Laws  

by William G. Passannante, Esq., and Marc T. Ladd, Esq.
17-page PDF

Despite the American Rule, the majority of courts will order insurance companies to pay policyholder legal fees in successful coverage disputes. Why policyholders and insurance companies alike should be aware that a majority of states permit the recovery of attorney fees by a prevailing policyholder in a coverage dispute.


Directors and Officers Liability and Insurance Update 2011

by Susanne Mast Murray and Fred T. Podolsky
11-page PDF

The D&O marketplace is demonstrating increased risk tolerance in response to recent changes in liability laws and court decisions.


Don't Settle Away Your Excess Insurance Coverage
Insurance Strategies

by Dennis J. Artese, Esq. and Marc T. Ladd, Esq.
6-page PDF

Some insurance companies are changing policy language to prevent excess coverage from being triggered in the event of settlement with underlying policies.


Has ERM Met Expectations? A Conversation with Jim Noble
ISO on Enterprise Risk Management

by Kenneth R. Rado, Robert J. Schneider, and Michael H. Hoffman
7-page PDF 

Share the experience and insight of an early and dedicated ERM practitioner, James Noble, as he shares his thoughts about the origins of ERM, his implementation of it at a Fortune 500 corporation, his impressions of the current state of ERM, and what needs to be done to sustain risk management as a valued corporate activity and position ERM as a viable practice.



Employers: Are You Exposed to Liability Risks from the Use of Independent Contractors?
Loss Control

by Helene Browning and A.V. Riswadkar
7-page PDF 

The use of contractors and temporary workers is increasing in today's workforce. Many employers now outsource their work to contractors to contain the cost of having permanent, on-site staff and to engage the services of special skill sets needed for a particular project. It can also present unique risk challenges that must be assessed and managed.


QED
Insurance Law

by Eugene Wollan, Esq.
3-page PDF

The submission of a sworn proof of loss is a necessary first step toward demonstrating the legitimacy of a claim.


When workers compensation rates go up, get the reference you can count on.

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