risk management articles

Judicial Reconstruction of Missing Insurance Policies This series outlines how a party in a court of law may reconstruct missing insurance policies that have not been located through traditional methods of insurance archaeology. This fifth of six articles identifies some of the important insuring language of standard policy forms and how it may be used to reconstruct missing coverage for multiple policy years. By Douglas L. Talley

Proving Standard Policy Language of Missing Insurance Policies This article is the fourth in a series of six that outlines how a party in a court of law may reconstruct missing insurance policies that have not been located through traditional methods of insurance archaeology. By Douglas L. Talley and Andrew F. Whitman

Insurance Policy Authentication, Hearsay, and Reconstruction Methodology This article is the third in a series of six that outlines how a party in a court of law may reconstruct missing insurance policies that have not been located through traditional methods of insurance archaeology. By Douglas L. Talley and Andrew F. Whitman

Proving the Existence of Past Policies with Secondary Evidence This article is the second in a series of six that outlines how a party can reconstruct missing insurance policies that have not been located through traditional methods of insurance archaeology. By Douglas L. Talley and Andrew F. Whitman

Judicial Reconstruction of Missing Insurance Policies This article is the first in a series of six that outlines how a party can reconstruct missing insurance policies that have not been located through traditional methods of insurance archaeology. By Douglas L. Talley and Andrew F. Whitman

Lost or Missing Policy? The Basics of Insurance Policy Reconstruction The increase of litigation, particularly asbestos, silica, and other toxic torts, has caused policyholders, many facing lawsuits for the first time, to recognize the need for finding their historic insurance policies. Due to the passage of time, such policies may have been destroyed or lost. Nevertheless, coverage may still be available to the policyholder if secondary evidence of coverage is introduced. Written by Lori L. Siwik

Environmental and Toxic Tort Claims: Are You Covered? For the last 20 years, policyholders and insurance carriers have battled over whether coverage exists for environmental and toxic tort claims, sometimes to the point of financial ruin. Written by Mark R. Siwik, Lori L. Siwik and Robert C. Mitchell

Out of the Past Insurance archaeologists and claims-recovery services may find themselves digging for information in unusual places. But their work often yields small fortunes for their clients. Written by Tom Vander Neut

Insurance Coverage for Environmental Liabilities in Commercial Liability Policies The Comprehensive Environmental Response, Compensation Liability Act (“CERCLA”) imposes liability upon companies that generate, transport, store, or discard hazardous wastes. Written by Lori L. Siwik

Business Continuity Psychology and Planning. If business continuity planning is so important then why doesn’t everyone share our enthusiasm? Creating a relevant and optimized Business Continuity Plan, that can be used during a crisis, requires proper management motivation techniques and an understanding of employee psychology. By Nick Gardener for Continuity, the magazine for the Business Continuity Institute.(pages 13 and 14)

The Issues at Hand. To a claims administration veteran like Kathy Kukor, senior consultant for Risk International Services Inc., the distinction between a carrier-owned, broker-owned and independent TPA shop is important. Written by Cyril Tuohy for In-Depth Risk & Insurance Magazine, Quoted Kathy Kukor (pages 3, 4, and 6)

Emerging Corporate Governance Standards for Risk Management and the Lawyer's Role Perhaps for the first time in its fifty-year history, risk management has become a topic of corporate governance. Since 1999, corporate directors and senior management of publicly listed companies in the United Kingdom have been required to identify and manage material risks. Written by Mark R. Siwik and Randall Davis

Terrorism Coverage: What Every Corporate Policyholder Needs To Know Prior to September 11th insurers neither priced for nor reserved for losses from terrorism. Terrorism was not identified as a separate peril in insurance policies, nor was any significant premium charged for terrorism risk. Terrorism was simply not considered a significant peril in the rating and underwriting of insurance in the United States. Written by Lori L. Siwik

A Toolkit for Enterprise Risk For the last 20 years, policyholders and insurance carriers have battled over whether coverage exists for environmental and toxic tort claims, sometimes to the point of financial ruin. Written by Maura C. Ciccarelli, Quote by former RI staff, Robert C. Card

Hot Coverage Issues Today, companies that used small quantities of asbestos in their products, or companies that used asbestos insulation in their facilities and hired contract workers (who can sue because they are not covered by workers compensation) are being bombarded with asbestos claims. Written by David P. Anderson

The Crushing Wave of Asbestos Claims: It's Undertow is Pulling Companies into Bankruptcy The recent wave of asbestos claims has hit oil, chemical and steel companies, utilities and railroads. Those companies should pursue coverage under the premises operations coverage in their CGL policies. Written by Lori L. Siwik

Using Exercise to Reduce Corporate-Law Practice Stress Unisys attorney Charlie Rowan, 43, runs for an hour at lunchtime to “achieve a mental break” and to remind himself about the importance of pacing. “Cases are won and marathons are completed,” Rowan says, “by those who realize that it takes thousands of small steps.” Written by Mark R. Siwik