Overconfidence When Assessing Risk Can Lead to Unintended Consequences
by Geary W. Sikich
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
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
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
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.
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
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
by Dennis J. Artese, Esq. and Marc T. Ladd, Esq.
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
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?
by Helene Browning and A.V. Riswadkar
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.
by Eugene Wollan, Esq.
The submission of a sworn proof of loss is a necessary first step toward demonstrating the legitimacy of a claim.