RISKVUE ARCHIVE

Feature Story Index

Absolutely Not--Absolute Pollution Exclusion Shouldn't Apply to Greenhouse Gases
Future versions may explicitly exclude it, but today's CGL policies won't likely exclude coverage for global warming lawsuits--regardless of what insurance companies say. [2007]

Accumulation of Electronic Data Creates New Risks
The high cost to produce electronic evidence and the uncertainty of what lies within old backup tapes and other electronic records creates risk—the risk of court sanctions, unfavorable settlements or high profile defeats. Is your company prepared? [1999]

A False Sense of Security? Contractual Risk-Shifting Agreements May Not Always Be Enforced
A belt-and-suspenders approach to risk shifting may have unintended consequences for your organization. [2006]

Alleged Violations of Laws Protecting Privacy--Will Your General Liability Insurance Pay?
Courts have regularly found insurance coverage for alleged violations of the Telephone Consumer Protection Act, and some insurance companies have reacted by adding new exclusions. [2007]

Allocation of Continuous Damage Losses, Part 1
Allocation of Continuous Damage Losses, Part 2
Although certain trends are evident, the law is far from settled on how to approach the allocation of continuous damage losses. This two-part series examines the various theories of continuous-loss coverage, how the courts have differed applying those theories, and how treatment of allocation in liability insurance may apply to first-party property insurance. [2005]

Alternative Risk Financing: Not Just for Fortune 500 Companies Anymore
While large corporations and government agencies commonly use some type of alternative risk financing to finance their property and liability loss exposures, most medium-size and smaller companies tend to stick with commercial insurance. Find out how the little guy too can enjoy some of the benefits of alternative risk financing, such as improved cash flow and a lower total cost-of-risk. [2000]

Anti-Concurrent Cause Language: Should It Have Been Left Out of the Analysis in Katrina Coverage Cases?
There is a good argument that the anti-concurrent cause language in homeowners policies was irrelevant to the Hurricane Katrina claims being asserted and never should have played a prominent role--or any role--in these cases. [2007]

A Policy Forbidding Unapproved “Off the Clock” Work Might Not Save You from FLSA Liability
Even a written or stated policy that does not allow employees to work off the clock will not protect employers from being liable when faced with employee lawsuits or claims brought by the Department of Labor. [2006]

Are Policyholders Left in the Lurch When Insurance Companies Refuse to Settle?
There still may be good news for policyholders after your insurance company refuses to get involved in settlement negotiations or affirmatively refuses to authorize you to settle the claims. [2007]

Avoid Communication Breakdown
When an insured accuses its broker of misrepresenting coverage, protracted and expensive litigation is the likely result. Often the dispute boils down to a misunderstanding between broker and insured that could have been avoided with proper communication. This article examines this problem and provides some key strategies for making sure coverage is understood by all. [2000]

Avoid Risk Management “Worst Practices”
There has been much discussion recently about risk management best practices, but who ever speaks about the practices risk managers should avoid? [2002]

Beware of Anticoncurrent Causation Clauses--They Can Erase Your Property Insurance Coverage
Some wording may be lurking in the exclusions section of your property policy, waiting to wreak havoc on your property and business interruption coverage. Here's what you need to know to recognize and deal with anticoncurrent causation clauses. [2007]

Business Interruption: Coverage for Terrorist Related Losses
Commercial property and business interruption claims arising out of the WTC attacks will not only be filed by businesses directly damaged in the attacks, but also by businesses that were indirectly damaged. In most cases, companies with interrupted or impaired operations should be able to recover lost profits, rent, utilities and other ongoing expenses. [2001]

Can Settling a Claim Destroy Insurance? “Consent to Settle Clauses”—A Trap for the Unwary
As policyholders approach settlement of liability claims, neutralizing improper Catch-22 claim approaches by insurance companies has become a necessary part of the settlement ritual. [2006]

Caps on Damages: The “Lay of the Land”
Almost half of the 50 states have enacted legislation that could limit recovery of damages in personal injury actions filed against product manufacturers or sellers. Here we examine these damage caps and report on how they have fared when challenged in the courts. [2005]

CGL Insurance Coverage For Claims Of Trademark Infringement
What happens when your company is accused of trademark infringement and you aren’t specifically insured against intellectual property claims? We explain the circumstances under which you might be covered by your CGL policy. [2003]

Civil Investigative Demand Practice: Things Everyone Should Know Before Responding to a "Civil Investigative Demand"
What should brokers and insurers do when served a civil investigative demand (CID)? Thirteen commonly asked questions regarding CIDs are answered here as they apply to Minnesota law (although most state attorneys general also have CID or equivalent authority). [2007]

Comparing Apples To Apples: A Careful Review Of Policy Language Is Necessary When Purchasing Advertising Injury Coverage
Given the changing nature of ISO forms and the fact insurers use different versions, it is very important to carefully compare available policies for an organization’s advertising injury coverage. Here’s how to make a fair comparison of policies and get the coverage you need and expect. [2004]

Contractual Disclaimers And Limitations On Liability: Are They Worth The Paper They Are Written On?
If you think that legalese at the end of a contract can’t hurt you, think again. The fine print often contains fully enforceable contractual disclaimers and limitations on liability that shift the risk to you. Here’s how to help minimize the chances of your company unnecessarily assuming potentially costly risks. [2003]

Corporate Scandals And Their Effect On D&O Insurance
The recent spate of corporate scandals has had its effect on the insurance landscape, forcing directors and officers to recognize the limitations of D&O insurance. Here's what you need to know about D&O coverage and indemnification limitations, problems that are not insurable, and steps prudent directors and officers can take to ensure their insurance is there when they need it. [2004]

Corporate Successors Can Tap Historical Liability Insurance Policies
Several courts have agreed that corporate policyholders are entitled to defense and indemnity for pre-acquisition liabilities. [2005]

Crisis Management: Where Risk Management and Public Relations Meet
Knowing what to say after a disaster strikes could prevent a critical situation from turning into a public relations nightmare. Here are some tips on how to handle public relations before, during, and after a crisis. [2006]

Cutting Through Techno Yak-Yak
Had a policy crafted for your lately? Given any thought to outsourcing yourself? Well, maybe Derivative Finite Risk Benchmarking is the answer. If you're having trouble with the buzzwords and cliches used by some brokers (and consultants, too!), here are a few tips to help cut through the fog of techno yak-yak. [2000]

D&O Insurance: The "Profit or Advantage" Exclusion: How Bad Is It?
A D&O policy's profit-or-advantage exclusion can be like a black hole, waiting to swallow up almost every legitimate claim tendered by your organization. [2007]

The Death of OSHA's Ergonomic Standard—Now What
Now that Congress has used the Congressional Review Act to kill OSHA's ergonomics standard, what should a risk manager do next? For many employers, Congress's action has changed grief to relief, because a costly regulatory burden has been lifted. But if your employees are subject to cumulative trauma disorders or musculoskeletal disorders (CTD/MSD) because of their work, you still have a problem. [2001]

Defense Cost Insurance Coverage Is Broad In Scope: “Domain Name” Claims—A Case In Point
In many instances, the value of the defense cost insurance coverage is just as great to the policyholder as the value of the indemnity insurance coverage. [2003]

Demand Careful Policy Review
Is your insurance policy a clearly written and unambiguous document? Or is it a linguistic tower of babble? Here's what to do if you receive an insurance policy written in chicken scratch. [2000]

Developments in Consumer Class Actions, Part 1
Developments in Consumer Class Actions, Part 2
Several recent developments have changed the landscape of consumer class action law and policy. In this two-part series, we explore the Class Action Fairness Act of 2005, which introduces new jurisdictional requirements that will shift many class action lawsuits from state to federal courts. [2006]

Did the Earth Move?
Two federal district court decisions answer the question of whether insurance policies intended to exclude man-made earth movements must clearly and unambiguously exclude them. [2007]

Director and Officer Indemnification and Insurance, Part 1
Director and Officer Indemnification and Insurance, Part 2
With growing frequency, corporate managers are named as parties to litigation as a consequence of their position. Here we discuss the sources and limits of indemnification available to protect a company’s directors and officers. [2003]

Document Retention and Evidence Management Post-Arthur Andersen
The publicity surrounding Arthur Andersen created a new awareness, and exacerbated liabilities, for failing to retain documents and follow record-retention practices. Careful and proactive corporate management, however, can and will avoid many of the lurking pitfalls. [2005]

Does Your D&O Policy Cover What It Says It Covers?
There's a disturbing trend emerging out of certain insurance coverage decisions involving D&O insurance that should be of concern to all D&O policyholders. [2007]

Does Your Insurance Policy Protect You During A Product Recall?
Tampering, manufacturing defects, contamination, and misbranding can lead to product recall. Learn about traditional insurance coverage and product recall coverage and how they fit into your risk management plan. [2004]

Don't Fall Into the Gap! Beware of Run-Out Coverage Under Stop-Loss Policies
Each year, more and more employers are choosing to self-fund their employee health benefits plans. But deep beneath the attractive cost savings of a self-funded structure lurk certain disadvantages that are hard to appreciate or understand until a problem arises. [2008]

Drafting Effective Employment Agreements: Keeping the Employer's Best Interests in Mind Part 1   Part 2
Employers, do you know what you're getting into with your employment contracts? In this two-part series, we explore employment-at-will, the benefits of having an employment agreement, and some of the key clauses in the agreement. [2007]

The Emerging Terrorist Threat: Planning for the Unthinkable
Steven Haynes gives some sound risk management advice to plan for the unthinkable. [1999]

Evaluating Key Coverage Issues For Negligent Misrepresentation Claims
Triggering coverage for a negligent misrepresentation claim is not as easy as you might think. Take a look at some legal cases that address these coverage claims and point out the two key issues that often determine whether insurance coverage is available. [2004]

Exclusion Confusion: Courts Have Inconsistently Applied Insurers’ Latest Efforts to Limit Intentional Business Tort Coverage Under CGL Policies
The “Knowing Violation” exclusion has succeeded only in creating more uncertainty over the coverage for business torts under CGL policies. [2005]

Failure To Provide A Defibrillator Could Lead To Premises Liability
The vast majority of buildings do not have defibrillators available, making them a potential target of litigation when a person within the building dies of cardiac arrest. Risk managers, building owners, building managers and their counsel should be aware of this potential area of liability, possible defenses to these claims, and strategies for avoiding such claims. [external link; 2001]

Falls: A Portrait of a Major, Life-Threatening Hazard
A recent news item brings into focus the alarming fact that eight percent of all occupational deaths from trauma are caused by falls, and that falls from ladders and roofs account for the majority of these tragedies. [2008]

Fantasy Impromptu: New Wave of Safety and Workplace Inspections Hits Employers
The inspection visit is real, but is the "impromptu" label just a fantasy? Here's what you need to know about unexpected visits from your state labor department. [2007]

Fidelity Bonds: The Employee Dishonesty Bond
With workplace fraud and embezzlement on the rise, a fidelity bond may be the key to safeguarding against employees’ dishonest acts. Learn about fidelity bonds, including the pitfalls of coverage, definitions and provisions to watch for, the kind of limits you’ll need, and other steps you can take to significantly reduce fraud losses. [2003]

Five Characteristics of Effective Claim Administration Program Management
How do you effectively manage a contracted claim administration program so that problems can be quickly identified and resolved without litigation? [2008]

Get Educated
You see the letters after risk managers’ names all the time: ARM, CRM, FRM, etc. What do they mean? Here's a guide to the offerings of the most popular risk management educational programs. Read our interviews with students, instructors and the directors of these programs to decide which is best for you. [1999]

Getting Rid Of Mold, Fungus, And Rot
When does a property policy’s mold exclusion not exclude mold damage? Hilary M. Henkind examines several different courts’ conflicting opinions regarding mold exclusions and explains how insurers can get their mold exclusions to stick. [2004]

Global Warming: Are D&Os in the Hot Seat?
To date, directors and officers have largely escaped the regulatory, legislative, shareholder and environmental activists' ire relating to global warming issues. But as the debate intensifies and the related costs to corporations inevitably escalate, scrutiny of D&Os will almost certainly follow. Here's what you need to know. [2007]

Global Warming Litigation--Already Here, But Are You Ready?
Given the rise in global warming litigation, the most pressing question for companies is not whether suits will come, but how to respond to them. [2007]

HIPAA Is Here — Ready Or Not
With HIPAA now in effect, health care consumers are promised significant privacy protection. But as Robert M. Elconin explains, that protection comes with a heavy price: the cost of compliance for providers and payers of health care, including the many businesses that provide health plans for their employees. [2003]

How Can An Insurance Agency Protect Its Book Of Business Before An Employee Or Independent Producer Leaves?
One of the greatest threats to an insurance agency occurs after an employee leaves the agency and solicits clients for his or her own business or a rival agency. Steven Schoenfeld discusses this threat, the ways to protect the agency, and how to deal with independent producers, another breed of cat. [2002]

How Sudden Is "Sudden?"
Can the word "sudden" be interpreted to include an event taking place over a period of years? Recently a federal district court held that water damage occurring over a nine-year period was in fact a sudden and accidental physical loss. [2008]

How To Be A Better Risk Manager
What does it take to have a long and successful risk management career? Necessary skill sets include vision, communication, education and much more, according to Tim East of Disney and Pamela Rogers of Sears. [2000]

How To Choose, Use, But Not Abuse A Risk Management Consultant
Whether your organization is a public or private corporation, public entity, or other organization, chances are you have used or considered the use of a consultant for expert and objective assistance with a particular risk or insurance problem. In the first of a two-part series, Bud Griffin discusses what risk management consultants do, what to look for in a consultant, and how consultants charge for services.
[2002]    Part 1    Part 2

How To Prevent Identity Theft
If an “identity thief” can pose as Tiger Woods, he can certainly pose as you. With an estimated 400,000 identities stolen each year, identity theft is becoming one of the fastest growing criminal enterprises. William J. Henry analyzes the problem and gives us some proven techniques on how to protect your identity. [2002]

How to Prevent Third-Party Harassment and Discrimination Claims
The ever-present possibility that a customer, client, visitor, or other person can file a harassment or discrimination lawsuit, even if it has no merit, threatens most businesses. What measures can you take to minimize the risk? Edward Piantek shows us. [1999]

How To Reasonably Accommodate Disabled Employees
In jurisdictions across the country in the past year, the courts have been putting greater emphasis on the employer’s obligation to engage in an “interactive process” with “disabled” employees who may be in need of a “reasonable accommodation” to continue functioning in their jobs. [2002]

Improvements And Betterments: Who Owns And Insures Them?
Before making an investment in improvements and betterments on a rented property, read the lease terms. Find out who is responsible for repairing or replacing damaged improvements and betterments, and who is responsible for insuring them. [2001]

Income Loss Insurance Coverage for Businesses in the Frozen Zone
Your standard form property policy may provide coverage for lost revenue and expenses when a disaster prompts a civil authority to order your business to close. [2007]

Insurance Aspects of Mergers and Acquisitions
Attention to the insurance aspects of mergers and acquisitions often is too little, too late. James Reuter discusses the importance of tackling insurance issues early in the transaction process and how an insurance due diligence team can reduce the likelihood of ugly surprises. [2005]

Insurance Company Insolvencies--Protecting Your Captive or Self-Funded Plan
Captive and self-funded employee benefits plans--like traditional insurance--can be the victims of insurer insolvency. Here's how to keep your program functioning smoothly even if the fronting company becomes insolvent. [2007]

Insurance Coverage Under D&O and Professional Liability Policies: Watch Your Insurance Company's Fuzzy Math
An insurance company's view of its interrelated wrongful acts provision can add up to trouble for your organization. Here's what you can do to avoid it. [2007]

Insurers Must Improve Ecommerce Capabilities
While much of the insurance industry is struggling with the hindrances of selling insurance online, a few so-called insurance superstores have popped up on the Internet that appear to be unconcerned with these obstacles. Here are some ways insurers can improve their sites to meet the new competition. [2000]

Insuring Indemnification
The determination of whether a CGL policy covers liability assumed in a contract can be a difficult path to negotiate. [2007]

Insuring Your Company Against Today’s E-Business Risks
Today, with more businesses relying on their computers, network connectivity, e-mail systems, and the Internet, risk managers must assess their company’s exposures, risks and liabilities, and seek appropriate security measures and e-business insurance coverage in the event of a catastrophic incident. [2001]

Internet Service Providers: Here Today Gone Tomorrow?
It was December 28, 1998, and suddenly we had no Web site, no email capabilities and no Internet access. This cautionary tale analyzes what went wrong, and gives advice on how to avoid this new risk. [1999]

Know Your Rights--Federal Courts Give Some Breathing Room Under the ADA in Scheduling Employees
In a perfect world, there would be no medical restrictions on employees' ability to work. Unfortunately, the world is not perfect. [2007]

Limits on Policyholder’s Duty to Cooperate
The duty to cooperate is a two-way street—usually. Thomas Mielenhausen reviews how property and liability insurance policies specify policyholder cooperation and the circumstances under which the duty to cooperate has been limited by the courts. [2005]

Lying With Statistics
Statistics and facts can be created to support almost any position. What comes full of virtue from the statistician’s desk may find itself twisted, exaggerated, oversimplified and distorted through selection by salesman, publicist, journalist or advertising copywriter. Learn how to avoid becoming the victim of a bad statistic. [2001]

Managing the Risks of 24/7 Operations Through Seven-S™ Optimization
By some estimates, 20 percent of the workforce in North America works at night or on rotating or irregular schedules. Worker fatigue and related safety issues are serious challenges for all industries operating on a 24-hour/7-day-a-week basis. Here is a practical discussion of ways to optimize 24/7 operations to reduce risk and improve worker health and safety. [2001]

Mergers and Acquisitions: Don't Forget the Hidden Asset--Insurance
In this era of megamergers, deal makers spend a lot of time negotiating the transfer of historic liabilities, but little or no time on the insurance policies that will cover any pre-closing liabilities that are assumed. [2007]

Minimizing The Risks Of Punitive Damages
The allegation of punitive or exemplary damages can send chills down the spines of insureds and insurers alike. Kristine L. Mollenkopf analyzes the current environment of punitive damage awards, and how to minimize the impact of allegations of punitive damages. [2002]

National Labor Relations Board Defines Supervisory Status
In what may prove to be a landmark case that impacts employers for years to come, the NLRB has recently clarified the types of duties and responsibilities that make an employee a supervisor under the National Labor Relations Act. [2007]

Negotiating Environmental Liability Insurance Coverage
Environmental liability coverage is available for a variety of property-related risks. To get the environmental liability coverage that you need at a good price, you should be prepared to negotiate using an experienced broker and counsel with knowledge of insurance and environmental law. [2002]

New Technologies Create New Risks: Traditional CGL Policies May Not Cover Internet Attacks On Your Business
The widespread use of the Internet has created new risks that might not be covered under traditional CGL insurance policies. Andrew M. Hansell discusses the risks of cyberspace and how a new generation of insurance products is becoming an important component of a business’s risk management plan. [2003]

The Notice Requirement and Liability Claims
Do you take your liability insurance policies’ notice provisions seriously? Marian Rainville reminds policyholders about the importance of complying with notice requirements and offers steps to take for proper notification. [2004]

Old Is Gold: Secondary Evidence Of Insurance Coverage For Asbestos Liabilities
Even decades-old insurance policies may apply to pay for defense costs, judgments, and settlements in asbestos-liability cases. But what if you can’t find an old policy? A recent California Supreme Court decision shows that secondary evidence of coverage is important and may help confirm the protection provided by old “occurrence” insurance policies — even if you can’t find them. [2003]

Online Risk Education for Risk and Insurance Professionals
Over the past year, many risk and insurance educational organizations have created online courses that, for better or worse, offer an alternative to traditional classroom learning. Here’s a summary of a few e-learning classes. [2001]

OSHA Loses Bid to Argue Supervisory Liability
A federal appeals court recently ruled that OSHA cannot demonstrate the requisite "knowledge" of a violative safety condition simply by pointing to a supervisor's knowledge. It's a decision that is seen by many as fundamentally altering OSHA's legal landscape. [2007]

Patents: Risks And Rewards
If your company is sued for patent infringement, will your insurance cover it? David A. Allgeyer of discusses how insurance plays a strategic role in handling the escalating risks and opportunities associated with patents and patent litigation. [2004]

Pension Protection Act of 2006 Significantly Changes Pension Plan Funding and Reporting
The newly passed Pension Protection Act makes sweeping changes to the funding of defined benefit plans. Here's a quick look at some of the major changes and how they will impact your organization. [2007]

The Perils Of Additional Insured Status
What’s the major issue dividing insurers and insureds? Robert D. Chesler, Esq. asserts it is the scope of protection awarded by additional insured status. He explains what you need to know if you organization expects protection as an additional insured. [2004]

Personal Risk Management: Your Trees...and Your Neighbor's
That neighbor's tree limb hanging over your property is your problem...unless you do something about it first. [2007]

The Pitfalls of Arbitration Provisions in Insurance Policies
Be careful, that arbitration provision you thought would reduce your litigation expense may do just the opposite. Learn about seven arbitration-provision situations that could—individually or in tandem—threaten the very coverage you're seeking. [2008]

The Policyholder’s Right to Select Defense Counsel, Part 1
The Policyholder’s Right to Select Defense Counsel, Part 2
The Policyholder’s Right to Select Defense Counsel, Part 3
Without express policy language to the contrary, the courts typically infer that the insurer’s right to defend includes the right to select the lawyer who will defend the policyholder. But as a practical matter, the policyholder holds the important card—the entitlement to informed consent—that trumps any policy language regarding selection of counsel. [2006–2007]

Practical Insurance Tips For Risk Managers And In-House Lawyers
The insurance world has become increasingly complex and nuanced. Does your organization understand what it takes to secure the best coverage? Robert D. Chesler and Lynda A. Bennett discuss a host of best-practices tips for in-house risk management and legal staff. [2004]

Pre-Employment Screenings, Part 1: Due Diligence
Why conduct background investigations when hiring new employees? The short answer is simply because you must. Employers are responsible for providing a safe, comfortable working environment, including the duty to prevent potentially harmful employees from entering the workplace. Here are some tips to meet due-diligence requirements while complying with state and federal legislation. [2001]

Pre-Employment Screenings, Part 2: Types of Background Checks
Last month’s Feature Story focused on due diligence in pre-employment screenings. This month, Jim McSherry and Karen Caruso explore the types of background checks available when verifying the information submitted by potential employees. [2001]

Premises Security Liability
Nowadays, property owners are facing litigation that goes beyond typical slip-and-fall cases. Landlords and building owners can be held liable for the criminal acts of others. Here are some tips on how to avoid premises security claims. [2000]

Preventing Foodborne Illness
With it causing more than 76 million Americans to become sick, some 300,000 to be hospitalized, and more than 5,000 to die each year, there is no question that preventing foodborne illness is a major health challenge. [2008]

Privacy On The Internet: Building Trust and Managing Risk
Emily Freeman anaylzes the latest Internet privacy laws, risks and insurance solutions. [2001]

Protecting the Hand That Feeds You
Ensure that your business property insurance policy protects both you and your lender in the event of a security property loss. [2007]

Overseas Workers and Workers Compensation
If your organization sends workers abroad who become ill or injured, you may find that (1) your workers compensation and group medical programs may pay less for claims than you expect, and (2) they may not cover some critical expenses at all. Here’s what you should know. [2000]

Re-creating Lost or Missing Insurance Policies
Missing liability insurance policies continue to generate substantial litigation in insurance-coverage disputes. Can policyholders and insurers can work together to manage missing-policy disputes and head off costly litigation alternatives? [2008]

Remote Backup Software: A Lifeline to Business’ Greatest Asset
Ninety-three percent of companies that lost their data center for 10 or more days due to a disaster filed for bankruptcy within one year of the disaster. Does your organization have an adequate remote data backup plan? [2005]

Retaliation Claims--A "Hidden" Source of Employer Liability
A Supreme Court ruling underscores the importance of employers' making certain there can be no claim of a retaliatory motive for any "adverse" action following an employee complaint of discrimination. [2007]

The Right to Select Counsel: A New Twist on Just How Important This Term Can Be in Your Insurance Contract
Most courts have long recognized that the client-attorney relationship should not be readily disrupted. But when it comes to insurance coverage of a claim, that relationship is frequently challenged by the terms of the insurance contract. [2006]

Sample Electronic Communication Policy
Now that you understand the potential risks involved with electronic communication, how do you establish a company policy for employee usage? Tony Burnham has provided us with his company’s own internal electronic communication policy as an example. [1999]

Secured Creditor Environmental Insurance: Another Means Of Protecting Collateral From Environmental Risk
A relative newcomer to the industry, secured creditor environmental insurance is designed to overcome lenders’ and borrowers’ concerns of unanticipated cleanup costs and fears of unforeseen liability from contaminated property. Peter Tester discusses how the insurance works, who offers it, and what it costs. [2003]

Security Awareness For The International Traveler
If you’re an American traveling abroad, there’s a lot more you could lose than your traveler’s checks. Andrew Podolak leads us on a tour of scary scenarios and maps out ways we can prepare for — and survive — today’s international travel climate. [2002]

Send This E-mail to Ten People and Get Free Beer
There has been a proliferation of e-rumors on the Internet over the past year that prey on people’s emotions, such as greed, fear and sympathy. Here are some examples of recent damaging e-rumors, and links to some Web sites that show how to dispel an e-rumor before it gets out of hand. [1999]

Settling Large Insurance Claims
As the law governing hotly disputed issues such as asbestos and the environment becomes more certain, policyholders can expect more settlement and less litigation of extremely large claim disputes. Ann V. Kramer, Esq., and Mark Garbowski, Esq., believe that policyholders should plan for settlement by developing a smart strategy to help resolve disputes quickly, inexpensively, and on favorable terms. [2004]

Seven "Deadly Sins" to Avoid When Negotiating Self-Funded Benefits Plans
Whether starting a self-funded benefits plan or renewing an existing one, savvy employers should keep seven important considerations in mind. [2007]

Sexual Harassment Alert: Inaction Leads to Disastrous Results
Two recent federal court decisions illustrate how unresolved sexual harassment complaints can spiral out of control and result in huge damages awards for the harassed party. Thomas Evan Green discusses three important components of an employer’s anti-harassment program that can help safeguard against this exposure. [2005]

Six Ways To Prevent E-Mail From Coming Back To Bite You
The number of verdicts turning on “smoking gun” e-mail is increasing. With employees sending billions of e-mails each day, how can an employer diffuse potentially explosive messages? Steven Cooper and Greg Hansen explain the simple reason e-mail is dangerous and give five guidelines for eliminating or minimizing the damage it can cause. [2003]

So You’re Going To Be An Expert Witness
Whether you are a first-time expert witness or an old hat, the following basic points about depositions will help you be better prepared to serve as a truly expert witness. [2002]

Stop-Loss Coverage For Health Plans: Pitfalls For The Unwary
Stop-loss insurance, the choice of many employers hoping to beat spiraling health care costs, is a valuable component of self-insured health plans. But it also is a complex form of coverage and limited in scope. Mark Kinney discusses some of the risks employers must consider when purchasing stop-loss coverage. [2002]

Structuring Side A Programs:
Traps for the Unwary
There are five important issues to consider when structuring and purchasing a Side A insurance program. [2007]

Subprime Mortgage Mess: Can Insurance Protect You From This Catastrophe?
The massive losses arising from the subprime mortgage mess will have various types of insurance applicable to them at various points in the lending and approval cycle. This insurance can help to lower or eliminate losses that policyholders otherwise might face. [2008]

Telecommuting Risk Management
Employers and employees alike have enjoyed the benefits of telecommuting for years. Studies have shown that telecommuting can reduce overhead and increase worker productivity. Nevertheless, there are unique risks involved with telecommuting. Here are some steps to take when establishing a formal telecommuting program. [2000]

Ten Smart Insurance Cost Considerations For Businesses
Has insurance become a casualty in your campaign to cut costs? Yes, insurance can be expensive, but it’s a crucial component of your business’ success. James W. Reuter and Alice Kim suggest ten smart ways you can stretch your insurance dollar without having to compromise on coverage. [2003]

10 Ten Traits of an Effective Worker-Safety Program
Employers serious about reducing the frequency, severity, and cost of employee injuries have ten hallmark characteristics that can empower your organization, too. [2008]

Terrorism Risk Insurance Act of 2002
TRIA, the Terrorism Risk Insurance Act of 2002, is a complex piece of legislation with important implications for commercial insurers and their policyholders. Attorney Robert M. Elconin tells us how TRIA works, what it includes and excludes, and the many questions it leaves in its wake. [2003]

Think You’re Covered? Prepare for a Boxing Match
Insurance buyers expect protection from loss, not a 15-round fight to the finish. So what do you do when your friendly insurance company gets the Eye of the Tiger? William G. Passannante says there’s more you can do than just cover your chin and jab. [2005]

This Office Makes Me Ill
As if it isn’t bad enough that we have to deal with smog and other outdoor pollution, there are various contaminants that exist and flourish in indoor environments. A panel of environmental experts shows us how to identify and eliminate indoor pollution. [1999]

Three Things You Must Know About OCIPs
Owner-controlled insurance programs offer many potential benefits to construction project owners, but they also can shift responsibility back to the project owner for the placement and administration of certain defined insurance coverages. [2008]

Too Many Mouths to Feed: The Insurer’s Obligation When Multiple Policyholders Are Covered by the Same Policy
Insurers and policyholders should understand the two basic approaches the courts have taken when there’s one policy, multiple policyholders, and claims that exceed policy limits. [2006]

Top Ten Films Every Risk and Insurance Professional Must See
Hollywood has not been good to our industry. Risk managers have no role models and insurance professionals are usually portrayed as shallow, cowardly or downright evil. Nevertheless, we found 10 films that would make any risk manager or insurance professional proud. [1999]

Trends in Intellectual Property Loss
The American Society for Industrial Security (ASIS) just released its 1999 Trends in Intellectual Property Report, which provides valuable insight into the trends and risks associated with intellectual property protection and loss. Here‘s a summary and analysis of the report. [1999]

Twelve Things Directors and Officers Can Do to Protect Themselves
Today's directors and officers are more exposed to risk than ever. Here are 12 ways directors and officers can help protect themselves from exposure to lawsuits and bad publicity and to preserve their integrity and the reputation of the business they serve. [2007]

Undisclosed Broker Fees: Did You Pay Too Much for Your Insurance?
Eliot Spitzer’s wide-ranging allegations rocked the insurance industry and promise significant changes in broker compensation practices. Christopher H. Yetka and Thomas F. Pursell explain the allegations and their possible implications for the average policyholder. [2004]

The U.S. Supreme Court Decision in Tellabs: Major Victory or Minor Benefit for Defendants in Securities Class Actions?
Learn the context, background, and scope of this recent U.S. Supreme Court ruling and the consequences it may have for directors and officers and D&O insurers. [2007]

Understanding Side-A Only D&O Insurance
The perceived need for "Clause A" D&O insurance is based upon the premise that financial protection through an applicable state indemnification statute may be inadequate. This article discusses such arguments and explores important details of Side-A only D&O insurance you should know about. [2007]

U.S. Supreme Court Redefines Discrimination Filing Deadline
A recent Supreme Court decision is so controversial that federal legislation is already afoot to overturn it by amending Title VII, the ADEA, the ADA, and the Rehabilitation Act. [2007]

Watch Staffing and Billing Practices When Hiring A Law Firm
Whether your organization is large or small, inevitably it will require the services of a law firm. But selecting the right representation can be difficult and can end up costing you more money than it should — unless you know how to avoid potential pitfalls. Here are some staffing and billing practices to look for when hiring a law firm. [2000]

What’s a Deposition?
So, you’ve been served with a notice of deposition. Relax—this practical, friendly guide will lead you through the deposition process and coach you on holding your own against opposing counsel. [2005]

When Torts and Immigration Law Collide
The New York Court of Appeals has joined New Hampshire’s highest court in allowing lost-wage claims by illegal immigrants. [2006]

Why You Should Think About Electronic Discovery
Recent changes to the Federal Rules of Civil Procedure underscore the importance of adopting a thorough document retention and destruction system. [2007]

Whose Law Is It Anyway?
Additional insureds and their lawyers can’t afford to assume that someone else’s case law will apply to them, too. [2006]

Workers’ Comp Underwriting Trends
According to Liberty Mutual, the workers’ compensation market is beginning to change, and risk managers can except to see some major shifts over the next few years. [2000]

Workplace Violence: Recent Suburban Tragedy Can Happen Anywhere
Data from the Bureau of Labor Statistics and recurrent news accounts suggest that death by violent injury in the workplace is neither aberrant, random, nor non-preventable. [2008]