RISKVUE ARCHIVE | RISK BITES

Risk Bites Index

1999 Disasters Not the Worst of The Century
The US Geological Survey explains and compares the enormous disasters of 1999 to the previous 99 years of 20th Century. [external link; 2000]

10 Tips To Help Avoid Employment Lawsuits
Don Phin’s checklist of 10 ways to avoid employment lawsuits may include some tactics you haven’t yet considered. [2003]

Achieving a Sustainable Competitive Advantage in the Current Insurance Marketplace
Insurance customers view insurance as a commodity. So how do you get your product to rise above the competition in today’s insurance marketplace? Bruce Wedderburn explains three value-creating strategies that can help you win all of the business you should be winning. [2003]

All About OCIPs
Two in-depth articles from Warren, McVeigh & Griffin, Inc. on OCIP projects: “Best Practices for Owner-Controlled Insurance Programs,” and “Deducting Insurance Costs from Contractor Bids.” [external link; 2000]

All-Inclusive Hacker Protection
Counterpane, a managed-security services provider, now has the ability to offer hacker insurance with its network security services. Counterpane’s partnership with Lloyd’s of London to provide a combination of insurance and security services seems like a win-win situation for Counterpane clients, ensuring that if the security services fail, the client gets paid. [external link; 2000]

Analyze Your Security Needs
Vance Security has a great Web site full of useful security information, including white papers, news and security links. With Vance’s Security Needs Analysis Wizard, you get instant feedback on your organization’s current security measures. [external link; 2000]

A New Chapter For The Umbrella Book and The D&O Book
The Umbrella Book and The D&O Book, long-time resources for risk managers and attorneys, have joined The National Underwriter Company’s prestigious product line. [2004]

Another Internet Scam
We received an e-mail, supposedly from someone in Nigeria, asking us to partake in questionable activities involving the transfer of huge sums of money. After a little research we realized that the e-mail is a real scam that has claimed numerous victims. [external link; 2000]
    Read the E-Mail We Received
    Learn More About the Scam

Avian Flu: Assessing the Risk, Part 1
Avian Flu: Assessing the Risk, Part 2
In the event of an avian flu pandemic, the impact to the various lines of insurance could vary greatly. Here’s an overview of the avian influenza from an insurance perspective, including the possible implications on workers’ compensation insurance. [2006]

Avoiding Consequential Damages For Failure To Timely Pay First-Party Property Claims
Morgan Godfrey explores a sampling of case and statutory law regarding consequential damages for delay in payment of first-party property claims and offers practical tips for avoiding such claims. [2004]

Avoiding Nuisance Variety” Employee Lawsuits
Employment law attorney Don Phin shows us how to avoid nuisance employment lawsuits. [2001]

Avoiding Sexual Harassment Claims: A Primer
Maria C. Moynihan discusses how employers can avoid costly sexual harassment claims and lawsuits. [2002]

Bankruptcy Reform 2005: Our Top 10 List of Changes
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 changes many provisions of the Bankruptcy Code and other related statutes. Here are ten of the changes that should have the biggest impact on Chapter 11 cases. [2006]

Become A Better Buyer To Reduce Insurance Costs
With just a little knowledge of how the marketplace works, you can become a better buyer and potentially save your company thousands of dollars in insurance premiums. [2003]

Beware Of Air Traffic Control Exclusions
Does your business buy insurance coverage for its airport liability exposures? Gary Griffin warns that you should carefully examine these policies for exclusionary endorsements that can limit coverage relating to air traffic control operations. [2004]

Beware of an Insurer's Reservation of Rights
Understanding the various ways insurers may use a reservation of rights can help you get a fair recovery on your insurance claims. [2006]

Beyond Traditional Risk Management
Current business conditions and recent wide-scale disasters are causing organizations to expand risk management beyond its traditional definition. Steven NyBlom explores the evolution of risk management and how it offers significant growth potential to those who recognize the new direction it is taking. [2005]

Business Continuity Planning Checklist
If your only disaster recovery plan is an insurance policy, you may be in trouble. [1999]

But You Said You’d Protect Me: A Vendor’s Perspective on Vendors Endorsements
Vendors endorsements can be a win-win for manufacturers and their product vendors. But as John Ellison and Frederick Pettit explain, not all vendors endorsements are created equal. [2005]

Buyers Beware! California Confounds Corporate Policyholders
Are you a corporate risk manager or corporate counsel for a company with any connection to California? Might your company buy or sell another entity in California? Does your company have any California-based operations? If so, there’s a recent California Supreme Court decision you need to know about. [2003]

Buy Now, Pay Later
With post-September 11 insurance premiums skyrocketing, some companies are considering retrospective premium policies as an alternative to traditional insurance. If you’re considering a retrospectively rated program, proceed with caution — there can be a real downside to the insurance buyer. [2003]

California Lawmakers Yield To The Computer Software Industry By Agreeing To Exempt Various Computer Professionals From California’s Overtime Laws
The new law will have an immediate effect on employers in California. [2000]

Cambridge Integrated Services Group Acquired by Scandent Group
The acquisition of Cambridge Integrated Services Group by Scandent Group creates one of the largest business process outsourcing companies. [2004]

Cell Phone Usage Policies
In response to our Question of the Month on cell phone risks, some readers sent in sample company policies. [2001]

The Chubb 2004 Private Company Risk Survey: Fiduciary Liability Survey Findings
Chubb’s survey of private company executives provides valuable perspectives on the exposures faced by directors and officers. Here are its findings relating to fiduciary liability. [2004]

Circuit City, Inc. v. Adams: Compelling Arbitration of Employee Claims Under the Federal Arbitration Act
A recent Supreme Court decision gives broad protections to arbitration agreements under the Federal Arbitration Act (“FAA”), and provides employers with good reasons to consider instituting mandatory arbitration programs. [2001]

Class Action Wage And Hour Claims
Employment law attorney Don Phin warns of a rise in class action lawsuits involving wage and hour violations and offers advice on how to avoid such claims. [2001]

Computer Madness
Three short articles illustrate how technological advancements are leading to new sources of risk, including damaged reputations (Sites that Suck), privacy lawsuits (Beware of Keystroke Cops) and intellectual property violations (Ridiculous Click Wrap Agreements). [2000]

Conflicts Of Interest: Avoid Them With Written Standards
For employers, a conflict of interest can occur whenever an employee’s personal activities and interests interfere with the company’s business or put the company in an embarrassing light. Here are some guidelines on how to establish a company policy. [2001]

Corralling D&O Defense Costs: A Necessary Partnership between Carriers and Insureds
How can directors and officers maximize the protection of their D&O insurance program? The answer is in actively participating with the insurer to manage defense costs. Here are nine strategies for creating a cost-efficient yet effective defense effort. [2006]

Dealing With Cybercrime
What should you do if your organization becomes the victim of electronic espionage? The Department of Justice’s Web site is a good place to start, with information on how to report cybercrimes and more. [external link; 2000]

Developing Broker-Services Agreements
Whether the relationship with your broker is based upon many years of trust and good service or whether you are considering changing brokers, a service contract can help maximize the level and quality of service by establishing accountability for the broker. But how does an insured go about actually designing and implementing such an agreement? [2002]

Developing Overseas Evacuation Plans
Corporations, universities, state governments and any entity with personnel traveling or stationed in a foreign country should address the possibility that they may be required to evacuate those personnel. [2001]

Did You Leave Your House in Order?
Regardless of your industry, product, or service, you’re well served to get your house in order before landing in the quicksand of managing employee absences due to injury or illness. [2006]

Disaster Planning for Small Businesses
Disaster recovery planning is no longer just for large corporations. Steven Miklos, co-founder of Back-Up Solutions, shows small businesses how to create a disaster recovery checklist. [2001]

Disaster Recovery: Alternate Facilities Review Checklist
This extensive checklist will help you evaluate space for an alternate disaster recovery facility. [2005]

Disaster Recovery: Establishing A Relationship With Municipalities
Despite having a superior disaster recovery program, your organization’s survival may hinge on how well your state and local emergency management planners respond to a crisis. Here’s how to build a better partnership with your local government. [2000]

Disputes Over Settling Claims in Excess of Limits: An “Ethical” Strategy for Policyholders
Policyholders need to consider new approaches and strategies to induce their insurance companies not only to agree to settle, but also to waive their possible right to seek reimbursement afterwards. [2006]

Don’t Let the One-Year Anniversary of Hurricane Katrina Blow Away Your Insurance Coverage
Your well supported and valid insurance claim might be in jeopardy if you haven’t heard the ticking clocks in your insurance policies. [2006]

Easily Avoidable Non-Compete and Non-Solicit Pitfalls
Can you tighten your organization’s non-compete and non-solicit covenants by loosening them? Here are some valuable lessons courtesy of the courts considered to be the host hostile to those covenants. [2006]

Eliminating The Bad Element From Workplaces
Twelve strategies to avoid hiring bad employees. [2000]

E-Mail Warning
What can you do to protect your business from employees abusing company e-mail privileges? Kelly O. Scott of Ervin, Cohen & Jessup LLP suggests wording for a warning or disclaimer that can be automatically appended to all outgoing e-mail. [2002]

Employee Identity Theft: Employers Beware
Employers may not realize the depth of their responsibility under the newly implemented Fair and Accurate Credit Transactions Act of 2003. Here’s what you and your employees need to know. [2005]

Employee Need Not Be A “Qualified Individual With A Disability” To Claim Failure To Reasonably Accommodate
While federal courts have continuously and consistently limited ADA employee protections, recent legislation and legal decisions in California have confused the issue. Andrew Kaplan explains that the situation is forcing employers to be extremely cautious in dealing with disabled employees and offers suggestions for what to do until the confusion clears. [2004]

Employee Retention: Now That I’ve Got Them, How Will I Keep Them?
Employment law attorney Don Phin provides us with seven strategies to help retain great employees. [2000]

Employers Who Fail To Give Health Care Continuation Notices May End Up With A Nasty “Cobra” Bite
Don’t take lightly the penalties for noncompliance with COBRA notice requirements. John J. Hess cites several cases in which federal courts have imposed civil penalties in order to stress the importance of compliance with COBRA notice requirements even when plan participants did not suffer actual harm or the violation was unintentional. [2003]

Employment Agreements Help Prevent Misunderstandings
Employment agreements define the employment relationship and establish the expectations of all parties. Here’s a look at who should have an employment agreement and what it should cover. [2005]

Employment References — Can You Get (And Give) An Honest Answer?
Have you called a prospective hire’s former employer only to be told they would provide only “name, rank, and serial number”? Have you ever wanted to warn a prospective employer but were afraid of being sued by your ex-employee? William R. Henry, Jr. explains that employers increasingly are gaining the freedom of good-faith expression in candidly discussing former employees. [2004]

Employment Law Updates, Observations, and Advice
Employment law attorney Don Phin gives us a rundown of the latest happenings on the EPL front, and offers some advice on how to avoid getting sued by your employees. [2001]

Enterprise-Wide Risk Management: Myth or Reality?
Enterprise-wide risk management (EWRM) is on the threshold of becoming a best practice for financial institutions of all sizes. Mitali Kalita explains how EWRM has evolved, points out why the concept has become imperative for the financial services industry, and offers hints for a successful EWRM strategy. [2003]

Evaluation And Management Of Insurance Coverage Against Intellectual Property Claims
You’ve dreaded it and now it’s happened: An envelope arrives containing an intellectual property lawsuit against your company. An expensive, time-consuming and potentially devastating legal dispute looms. What can you do to minimize your company’s exposure? [2004]

Expand Your Time!
Was last week a complete blur? If you count yourself among the overscheduled and overwhelmed, you could use these five quick (we promise!) suggestions for “expanding” your time. [2003]

Feeling a bit “Overlawyered”?
Overlawyered.com is a Web site claiming to “chronicle the high cost of our legal system” by analyzing daily legal stories that illustrate the frivolous and ridiculous. [external link; 1999]

Final COBRA Rules Require New Notices and Forms
Kenneth M. Haneline reviews the recent significant changes to COBRA’s notice requirements and what your organization must do to be in compliance. [2005]

Fleet Safety Programs Pay
Three actions you can take today will help you make your auto fleet safer and bring down insurance costs. [2000]

Flood: Tips for Businesses
Would your business be washed away with a disastrous flood? Chubb Group offers this checklist of procedures to help you prioritize activities and limit damage to your property and business. [2005]

Handling Of Suspicious Mail And Packages
Bob Marshburn of Certified Risk Managers outlines how to identify and respond to suspicious letters and packages. [2001]

Health Insurers’ Relationship With The Medical Information Bureau: The Impact Of HIPAA Privacy Regulations
In our final installment on HIPAA, Brian T. Casey looks into health insurers’ relationships with medical information bureaus. [2003]

Holiday Party Risk Management Checklist
Company-sponsored parties can present a wide range of loss exposures, yet they get little (if any) scrutiny from a risk management perspective. Sheila Roberts and Alan Schreibman provide a handy checklist for determining exposures in the areas of liquor, premises, transportation, and rental and service agreements, so you can be the party trooper, not the party pooper. [2003]

Homeland “Cyber” Security
A growing concern among officials is that the next potentially disastrous terrorist attack may be an act of cyber terrorism. Philip Pierson, founder e-Sher Underwriting Managers, analyses the problem and offers some cyber solutions that you can implement immediately. [2002]

How to Conduct Background Investigations
Information on how to screen employees while complying with state and federal legislation. [2001]

How to Prevent and Respond to Workplace Violence: A Cornerstone for Your Crisis Management Plan
Workplace violence accounts for 11% of all on-the-job deaths and is a contributing factor in over two million work-related injuries each year. How would your organization respond if the “what if?” became “what now?” [2003]

How To Structure Umbrella Coverage
Umbrellas are non-standard policies, which means that every company has its own policy language. You can get the best possible coverage by scrutinizing your umbrella policy for these ten important features. [2004]

Hurricane Losses and Insurance: Businesses Well Away from the Gulf Coast May Also Be Covered
As the recent hurricanes reminded us, businesses can be hundreds of miles away from a major disaster yet still experience its consequences. Here are six major insurance issues that can impact your organization in the wake of catastrophe, whether or not you sustain physical damage. [2005]

Identity Recovery Coverage
Hartford Steam Boiler has announced a turnkey reinsurance program that combines identity theft insurance with services to help homeowners and small businesses restore their credit history and identity records. [2005]

In Bankruptcy, Are D&O Policy Proceeds Considered Estate Property?
Heightened by the Enron and WorldCom bankruptcies, there has been increasing interest in the corporate boardroom in whether D&O policy proceeds are assets of a corporate debtor’s bankruptcy estate and, if so, whether the directors and officers nevertheless can obtain relief from the automatic stay to access those proceeds. This article examines recent case law. [2003]

Insurance Against Terrorism-Related Losses
The anniversary of 9/11 should prompt you to reacquaint yourself with your business interruption coverage policy. Will your coverage suffice in the event of a terrorism-related catastrophe? Scott DeVries, Fredric Kessler, and Yelitza Colon explain what business interruption insurance is, how it works, and what it does — and doesn’t — cover. [2003]

Insurance Coverage for Power Interruptions — In the Northeast and Elsewhere
The bad news: Power interruptions can cause serious problems for your business. What’s the good news? Rhonda Orin, Michele Gallagher and Mark Garbowski explain how your insurance may cover power-outage-related losses. [2003]

Insurance Coverage for Rental Cars: Who Pays First?
Significant coverage disputes can arise out of rental-car accidents, especially when a car is rented in one state and involved in an accident in another. [2005]

Insurance Can Save Your Business If Purchased Wisely
Here are the questions you need to ask when your company is shopping for insurance or when policies are up for renewal. [2002]

Insurer Prevails On The Meaning Of “Collapse”
When has a building collapsed: When there’s substantial impairment of one portion, or when the entire building is reduced to rubble? Antoinette Banks discusses that although courts have differed on the definition of “collapse,” a middle-ground definition is emerging. [2004]

The Internal Cyberthreat
Don’t underestimate the power of e-mail and the Internet to wreak havoc on your organization. The first step to protecting your company begins with setting policies and procedures that dictate how employees and management use company computers. Here’s a checklist of computer-usage policies. [2000]

Internal Security: Locking Your Own Back Door
Philip Pierson, founder of e-Sher Underwriting Managers, explores the internal threat of employees who can — intentionally or unintentionally — shut down a company’s entire network. [2002]

Internet Quack Alert
The Federal Trade Commission (FTC) has identified a number of modern-day virtual snake oils. Here are the warning signs. [external link; 1999]

In Uneasy Times, HR Renews Its Peacekeeping Mission
Complaints of religious discrimination and of discrimination against Muslims have increased sharply in the past years, even prior to September 11. Here’s what employers can do to prevent potential harassment or discrimination claims while building harmony among employees. [2001]

Kidnap and Ransom
A two-part series on kidnap and ransom by Daniel Houston. [2003]
    Part 1: Crisis Management Introduction
    Part 2: An Actual Kidnap Incident

Laptop Computer Security: Loss Prevention Techniques for Companies and Employees
If you use a laptop computer at home, at work, or on the road, you are a target for high-tech thieves. Chubb Group offers this checklist of practical loss-prevention measures. [2004]

Large Corporations and Their Employees
Employment law attorney Don Phin takes a look at the way some larger corporations treat their employees and how such relationships effect the overall productivity and profitability of the these organizations. [2001]

Legal Counsel’s Perspective: Handling A Crisis
When organizing a company response to crisis, safety professionals and legal counsel must act in accord. Attorney Fred Walter explains why management can best handle the aftermath of crisis under the direction of counsel. [2002]

A Lesson For Employers: Watch What You Hear
Employers: Do you monitor or record your employees' telephone conversations? There are a variety of legitimate purposes for doing so, but unless you understand federal and state privacy protections, you could land on the wrong side of the law. Brian Nuterangelo offers tips for employers to help ensure full compliance with the legal requirements for monitoring employees' telephone calls. [2004]

Life Observations: The Transition
Has technology taken over our lives? Are we all running on autopilot now that machines monitor and control everything around us? Dennis Kirschbaum, Director of Operations for Hillel International, shares his observations. [2001]

Lighten Up and Live Longer
Is it possible that just anticipating a good laugh can reduce stress and lower your blood pressure? [2002]

London Update
Do long-term asbestos claims spell only doom and gloom for the London Market? David M. Greenwald discusses the current situation and its significance to policyholders. [2005]

Managing The Litigation Risk Through Mediation
The Devil’s Dictionary defines litigation as “a machine that you go into as a pig and come out as a sausage.” Does litigation have to be so arduous? No, according to Richard Collier, who says that mediation can give you better control of the litigation process. [1999]

The Many Faces of the Sophisticated User Defense
How successful is a sophisticated user defense? John F. Parker and Maria C. John report that although various states’ courts treat this defense differently, there are some common themes upon which most courts would agree. [2005]

Mold Exclusion Held Ineffective
In Oklahoma, an insured can avoid the effect of an exclusion by showing that the proximate cause of the loss was a covered event. [2005]

More Than and Less Than
Employment law attorney Don Phin analyzes “more than/less than” thinking and how it can affect your workforce. [2001]

Negligent Spoliation of Evidence: New York Court of Appeals Speaks Out
A New York Court of Appeals decision regarding the negligent spoliation of evidence clashes with those of other states’ courts. Frederic R. Mindlin explains the decision that could significantly impact how property and liability insurers handle evidence. [2005]

New Study Reveals Financial Burden Of Workplace Injuries Growing Faster Than Inflation
There’s good news and bad news about workplace safety. The good news: American workplaces are becoming safer. The bad news: The cost of on-the-job injuries continues to rise, with the price tag for U.S. businesses nearing $1 billion per week. [2004]

New Tool Offers Agents And Brokers Online Quoting And Binding Of Equipment Breakdown Insurance
Hartford Steam Boiler has launched InstantQuote, the first Web-based quoting tool for monoline equipment breakdown policies. [2004]

New Tools Against Cybersquatters
Here’s what to do if someone cybersquats on your trademarks. [2001]

New U.S. Department of Labor Regulations Regarding Overtime and Exempt Status for White-Collar Employees Go into Effect
The new Fair Pay Rule Initiative significantly changes the guidelines defining which white-collar employees are exempt from overtime pay. Bennett Pine surveys the affected employee categories and tells how the changes may result in confusion and uncertainty for employers. [2005]

Non-Union Handbook Nevertheless Violates National Labor Relations Act
A recent court decision rebuts the myth that non-union employers are left unregulated by the National Labor Relations Act. [2006]

Obtaining Money for Brownfields Development Under Old Insurance Policies
An often-overlooked source of funding for Brownfield site development is the old liability insurance of parties that historically operated, owned, or are otherwise responsible for contamination at the site. [2002]

Overseas Workers Require Special Treatment
Every U.S. Passport warns travelers that domestic health insurance policies may not cover foreign health care costs. Unless special arrangements are made, workers’ compensation insurance also may become void for overseas workers. Here is an analysis of the overseas workers’ compensation exposure and recommendations for providing adequate coverage. [2003]

People Behaving Badly
Can you guess the outcomes of these actual incidents involving a staple-gun duel, shouting matches, and general horseplay in the workplace? Truth can be stranger than fiction. [external link; 2004]

Performance Reviews Are A Good Time To Identify Risk
Who are some of the best risk-identification experts? In-house management? Insurance company staff? OSHA inspectors? No, it’s your own workforce. And as William R. Henry explains, performance reviews can be a great opportunity for harvesting your employees’ valuable ideas on reducing risk in the workplace. [2003]

Preventing Identity Theft: Be Aware, Be Proactive, Be Assertive
Chris Wright shares practical tips to prevent identity theft and take charge if you become a victim. [2003]

Protecting Your Business From Mold Claims
This article from Latham and Watkins provides information on mold claims. [2001]

Protecting Your Company’s Most Important Assets
Guarding intellectual property goes hand-in-hand with the development process. David A. Allgeyer of Lindquist & Vennum PLLP discusses why your information needs protection and how you can use patents, copyrights, and trademarks to safeguard it. [2002]

Random Risks
Watch out the next time someone hands you a cell phone — it may be loaded. From impending tidal waves to falling satellites, we summarize some of the more interesting risk-related stories from last year. [2001]

Rate Them Before You Trade With Them
Using the Internet for business-to-business transactions appears to be the next big craze, but before you jump online to trade with an unknown company, you may want to check their creditworthiness. A Web site that can help is Coface’s @rating. [external link; 2000]

References Bridge The Information Gap
Employment law attorney Don Phin believes the cost of a single poor hire could easily exceed the cost of properly screening dozens of applicants. Here are the most common mistakes that employers make. [2002]

Representing Multiple Parties In Employment Cases: Get It In Writing
Representation of both employer and employee defendants by single counsel in wrongful employment practices cases can be advantageous, streamlined, and economical. But a recent amendment to the ABA Model Rules of Professional Conduct, presently being considered for adoption by 43 states, has added a new dimension to joint representation. Sara A. Simmons, Esq. and Robert A. Zaletel, Esq. discuss what you need to know about the informed written consent requirement. [2003]

The Right Way To “Shop” Your Insurance Program
With the current hard market expected to last at least another year, insurance buyers must continue to be diligent and thorough in their search for affordable coverage. Here is a review of some tips for getting the best deal. [2003]

Risk And Document Retention Policies
The implications of destroying corporate documents can far outweigh the perceived pitfalls of retaining them. Attorneys Robert Hennessey and Mark Zitzewitz review what went wrong with Enron-Arthur Andersen and reveal the most important measure of a document-retention policy. [2002]

Risk Manager’s Guide To All 50 States
A comprehensive list of links to all 50 states’ websites, including risk management, insurance and workers’ compensation departments.

Risk Manager Wanted: Young, Energetic, Italian Woman Only
What you say in a job ad can get your organization into trouble. Here are some examples of language not to use when placing job offer and advertisements. [2000]

Risk Retention & Purchasing Group Information Center
If you need information on risk retention or purchasing groups, The Risk Retention Reporter has everything under the sun. The Education Center provides marketplace statistics; the Business Center provides a comprehensive list of service providers and a directory of current risk retention and purchasing groups. [external link; 2000]

Rules For Managing Exempt Employees
Employment law attorney Don Phin takes a look at the laws surrounding exempt employees, possibly one of the most confusing areas of wage and hour law. [2001]

Safety First
Need help putting together a company safety policy? Want the latest information on government safety standards? These Web sites have lots of useful information for safety professionals. [external links; 2001]
   Occupational Safety & Health Administration
   Labor Safety
   Safety Online

Safety Information Resource
Safetyinfo.com can help you create a safety program for your company. The Web site is the most comprehensive resource we have seen on safety information, and many of the safety training guidelines, plans and outlines are free. [external link; 1999]

Safety Tips for International Travel
Important recommendations for reducing risk and enhancing safety while traveling abroad. [2003]

The Saffir-Simpson Hurricane Scale
For more than 30 years the Saffir-Simpson Hurricane Scale has been used to inform officials and the public of what to expect from an approaching hurricane, including estimates of coastal flooding and potential property damage. [2004]

Save Those Liability Insurance Policies!
Just how long should you keep your general liability insurance policies? What if old policies were thrown out? Here’s a best practices overview for governmental entities. [2006]

Saying Goodbye Is Hard To Do
Suggestions and tips on how to discipline and terminate problem employees. [2000]

Say What?
A checklist of rules to live by if you are ever asked to make an official comment to the media about your organization’s crisis or emergency. [1999]

The Security Audit: First Line of Defense In The War On Terrorism (And Other Threats)
An ongoing security audit process is more than good business, it is an ethical imperative. William Irwin, a retired Special Agent of the Air Force Office of Special Investigations, helps us evaluate the security audit function and lists resources for learning more. [2002]

Self-Funding Your Insurance Plan: Sounds Great—But Danger Lurks Beneath
Self-funding has become an attractive option for large corporations, but its principal advantage also is its principal disadvantage. Rhonda D. Orin exposes the dangers of self-funding, many of which are not obvious until they cause trouble. [2004]

Settling Down
The question of whether to settle a pending case is answered by asking more questions. Here are some of the ones litigators and their clients should ask themselves when pondering a settlement. [2006]

Shaky Ground
If you live in California and need to run any sort of earthquake analysis, visit GeoRAWS, the most ambitious earthquake-related Web site we’ve ever seen. Even if you don’t live in California, it’s an interesting site to check out. [external link; 1999]

Shotgun Wedding: IT Executives and Risk Managers Unite
Instead of focusing strictly on making networks more secure, IT executives, with the help of risk managers, are beginning to look at the larger, enterprise-wide picture of the digital risk management needed in today’s world. [2002]

The Sins of the Corporate Grandfather
Can a successor corporation inherit all the liabilities of its predecessor but none of the insurance coverage purchased to cover them? Patricia Bronte and Jennifer Burke discuss the aftermath of the Henkel decision and outline specific measures successor entities can take to ensure they have not inherited a predecessor’s liabilities without the corresponding insurance assets. [2005]

Size of D&O Settlements Exploding
We’re in a new era of catastrophic D&O exposure. Attorney Dan A. Bailey discusses the reasons behind the phenomenon and the consequences for insureds. [2002]

Software Extends Sarbanes Oxley Compliance Capabilities
egip Software AG has launched an addition to its suite of management software tools that models, tracks, and maintains data on the processes — including financial and accounting procedures — that are coming under increased scrutiny and compliance requirements. [2004]

Solar Storms Pose Serious Threat To Business Systems For Next Three Years
With the Y2K threat behind us, we can now focus our attention on more pressing issues, such as the threat of solar storms zapping satellites and knocking out power grids around the world. Is the sky really falling? [2000]

Structured Claim Settlements — Still A Viable Tool?
Despite the misconception that because present interest rates are low, structured claim settlements have gone out of favor, nothing can be further from the truth. Annuity-funded structured settlements may still the best game in town. In addition, nothing matches the flexibility and security of using annuities for funding structured settlements. [2002]

Summary of Mergers, Acquisitions And Carrier Changes: 1999
Merger and acquisition activity in the insurance industry declined by 71% during the first half of 1999, from $107.9 billion in 1998 to $30 billion. Ingrid Faro gives us a breakdown of the M&A activity throughout 1999. [2000]

Suppose There Was a Disaster and Nobody Came
If you’re expecting government agencies to provide more than an initial response to disaster, you’re in for a sad awakening. David Shimberg issues a call for sensible business continuity planning, the key to surviving events that severely interrupt your organization’s regular operations. [2005]

Supreme Court Invalidates DOL’s FMLA Notice Regulation — Additional Litigation Predicted
According to a recent Supreme Court Ruling, an employer is no longer required to provide up to an additional 12 weeks of FMLA leave of absence if it fails to give notice to an employee that the leave would be counted against his or her FMLA leave entitlement. Jennifer Suich of Lindquist & Vennum analyzes the ruling. [2002]

Supreme Court Rejects Reverse Age Discrimination Claim By “Younger Older” Employees
Employers appear to be on safe ground if they take employment actions, fashion benefit plans, or create retirement incentives that favor older workers at the expense of younger workers in the same protected-age category. Bennett Pine explains the Supreme Court’s ruling that stated the ADEA does not mean to stop an employer from favoring an older employee over a younger one. [2004]

Taking The Risk: Protecting Your Clients With Political Risk Insurance
Many of the potentially more catastrophic risks of doing business in foreign countries can be mitigated by political risk insurance. Political and international risk specialist Rod Morris explains the three broad categories of PRI coverage and tells who is offering this specialized and customized insurance. [2004]

Testing Your Ethical Barometer
The barrage of headline-grabbing corporate misdeeds makes one wonder how things could have gotten so out-of-hand. Michael Loulakis takes a look at business ethics from the vantage point of the design-build community. [2003]

The Termination Decision: Words To The Wise
Employment law attorney Don Phin offers some tips on how to fire problem employees in a way that can benefit both the company and the terminated worker. [2002]

Time To Party?
With proper planning, you can reduce the possibility of an incident or accident (and the resulting claims) at this year’s company party. Kelly O. Scott explains how to avoid the dreaded liability hangover. [2002]

Tips for Traveling Abroad: Customs and Traditions
Do you know your global business basics? [external link; 2000]

To Post Or Not To Post: Should You Have A Privacy Policy?
Does your business have a Web site? Does it collect customer information online? Tracy Silver explains that whether or not you are required by law to have an online privacy policy, there are four good reasons to carefully consider designing, posting and implementing one on your Web site. [2003]

Trademark Law
Do you have trademark and copyright questions? Need advice? The following websites are a good place to start when looking for answers to your intellectual property questions. [external links; 2001]
    The Trade Secret Office
    The Trade Secrets Homepage

Traumatic Event Debriefings Getting Second Thoughts
Critics of critical incident stress debriefing are now arguing against a particular component of the debriefing process they believe causes more harm than good. In this article published by Crisis Management International, Rudy M. Yandrick investigates the research behind the practice and the implications for businesses and employees. [external link; 2004]

Twelve Tips to Secure Insurance Coverage for the Katrina and Rita Disasters
Is your insurer beating a retreat or riding to the rescue in the wake of Katrina and Rita? Here are a dozen tips to help policyholders get what they paid for with their premium dollars. [2005]

Understanding Crisis Management
Crisis management planning is a complex subject that requires a multidisciplinary approach. Steven NyBlom discusses that although risk cannot be eliminated, proper planning and effective response can significantly minimize the impact of a crisis on any business. [2003]

Unfair Competition — The Fashionable Cause Of Action
Including an unfair competition action in your complaint against a business is de rigueur in California. Donna Yamini discusses why the state’s Unfair Competition Statute is such a popular target and what businesses need to know to defend themselves. [2004]

Use Caution When Hiring and Firing Old Folk
According to discrimination attorney David H. Greenberg, “age discrimination cases can be a particular risk to employers, both because of the large amount of a potential verdict, and because of the frequency with which age discrimination occurs.” [external link; 2000]

Watch For The Weakest Link In Your Insurance Chain
In an early post-attack overview of reinsurance, Morgan Stanley warned of insolvencies. With the announcement of the liquidation of Carolina Reinsurance Limited, the prediction seems to be coming true. [2002]

Watch Out For Internet Fraud
Internet crooks are constantly coming up with new methods to steal your money. The Internet Fraud Watch Web site offers some great tips on how to avoid getting e-screwed. [external link; 2000]

Watch Out For The Noise...
Employment law attorney Don Phin looks at future-focused thinking and how it can have a negative effect on you and your workforce. [2001]

What’s In A “Named”? The Additional Named Insured Versus Additional Insured Debate
Do additional insureds and additional named insureds smell as sweet? By considering some of the major issues that arise between the two terms, Gary D. McCollum says you can avoid unwarranted extensions or limitations of your insurance coverage, regardless of which side of the named game you’re on. [2004]

What To Do When Your Broker Drops The Ball
A broker is required to act with reasonable care in performing its duties and may be found liable for a breach of its duties. If the broker “drops the ball,” the policyholder may have recourse against the broker. [2001]

Who’s In Charge Here?
According to employment law attorney Don Phin, the less you control your workers, the more you — and they — can accomplish. [2002]

Why Every Business Today Has e-Business Risk — And What You Should Do About It
Expounding upon our article on “Cyber Security,” Philip Pierson, founder of e-Sher Underwriting Managers, analyzes the variety of e-risks that companies face daily. [2002]

Why We Lose Employees
Employment law attorney Don Phin takes a closer look at employee turnover and the role that management philosophy plays in reducing employee loss. [2001]

Witches Strive for Recognition as a Religious Group
Up to 3 million Americans continue celebrating the Pagan religion of Wicca (otherwise known as witchcraft) throughout the year. Recognized by the ACLU and the IRS as a legitimate religion, witches are now fighting against discrimination. [1999]

Workers’ Comp Agencies: Links To All 50 States
The North Carolina Industrial Commission has put together the most comprehensive and up-to-date list of US workers’ compensation agencies available online. [external link; 2000]

Workers’ Comp: Don’t Forget Overseas Workers
Test your workers’ compensation knowledge with our quiz on overseas exposures. The answers may scare you. [2004]

Workers’ Comp Fraud: 23 Red Flags
When conducting workers’ compensation claims investigations, these “23 Fraud Red Flags” may help identify those claims that require a more in-depth analysis. [1999]

Workplace Violence: An Employer's Guide
The Workplace Violence Research Institute (WVRI) reports that “every workday an estimated 16,400 threats are made, 723 workers are attacked, and 43,800 are harassed.” Does your company have a workplace violence prevention program? [external link; 1999]

You And Your Workforce: The Future Is Now
Employment law attorney Don Phin says that the above characteristics in your workforce will be key to the survival of your organization in the coming years. [2002]

Your Workforce And The Slowing Economy
Employment law attorney Don Phin takes a look at the slowing economy and how it will possibly affect your workforce. [2001]

Zurich American Insurance Co. v. ABM Industries, Inc.: A Significant Victory for Policyholders Nationwide Seeking Insurance Coverage for Loss of Business Income and Other First-Party Exposures
A recent U.S. Court of Appeals decision is a very helpful precedent supporting organizations’ pursuit of insurance coverage for business income losses. John N. Ellison, Richard P. Lewis, and Nicholas M. Insua explain this important victory for policyholders. [2005]