All TSMP Articles

• The Application of the Communications Decency Act's IP Exception to State Law Claims (published in ISBA's Intellectual Property Newsletter, July 2008)
• The Struggle Over Selective Waiver and the Production of Confidential Information to the Government, published in The IDC Monograph Second Quarter of 2008
• "Insurance Policy Rescission" (The Risk Report, June 2008)
  
  
• Definitions of Key Terms in the Commercial General Liability Policy (March 2008)
  
  
• 50 State survey: Standards For Rescinding D&O Liability and Other Specialty Lines Policies Based On Misrepresentation (February 2008)
  
  
• “Directors and Officers Liability for the Public Company: Managing and Minimizing the Risks” written with the help of Professional Risk Solutions, LLC. (January 2008)
  
  
• Is There A Conflict Between the Service of Suit and Arbitration Clauses? (February 2008)
  
  
• Excess-Primary Insurer Disputes: An Overview (November 2007)
  
  
• "Personal and Advertising Injury Liability Coverage: An Overview - 12-Month Update (Covering Cases From September 2006 through October 2007)
  
  
• Refining The Questions Associated With Consolidation Of Reinsurance Arbitrations (October 2007)
  
  
• Reinsurance Trends of 2007 (September 2007)
  
  
• Accountants’ Liability To Third Parties: A 50 State Survey (August 2007)
  
  
• Is There Coverage For Punitive Damages Awards?: A 50 State Survey (August 2007)
  
  
• No Coverage Under E&O Policy For Breach of Agency Agreement (Claims Journal, August 2007)
  
  
• A Willingness To Forgive The Failure To Timely Appoint A Reinsurance Arbitrator?® (Claims Guide, June 2007)
  
  
• Recent Developments in Fidelity & Surety Law (published in Tort Trial and Insurance Law Journal, ABA TTIPS, Winter 2007)
  
  
• Current Reinsurance Claim Issues (Vol. 8 No. 1, July 2007)
  
  
• Global Warming – Will There Be Exposures For Directors And Officers And Will It Be Covered? (June 2007)
  
  
• 13 State Survey: Indemnification For One's Own Negligence (June 2007)
  
  
• Trends in Insurance Coverage for Employment Related Claims (published in For the Defense, May 2007)
  
  
• An Exclusion For Insurers To Rely Upon In Asbestos Coverage Litigation? (Claims Guide, May 2007)
  
  
• The Impact Of A Global Avian Flu Pandemic (May 2007)
  
  
• 50-State Survey - "Occurrence" (April 2007)
  
  
• Significant Reinsurance Cases of 2006 (published in Mealey's Litigation Report: Reinsurance - 2007)
  
  
• Scientific and Other Expert Testimony: Understand It; Keep It Out; Get It In (published in FDCC Quarterly, Spring 2007)
  
  
• Recent Developments Affecting The Right Of Rescission (published in the FDCC Quarterly, Winter 2007 issue)
  
  
• Illinois Condominium Act and General Not For Profit Corporation Act Handbook (Effective January 1st, 2007)
  
  
• Recent Developments in Directors' and Officers' (D&O) Liability Insurance (published in Securities Reform Act Litigation Reporter, January 2007)
  
  
• LexisNexis Practice Guide New Jersey Pretrial Practice (LexisNexis Publication December 2006)
  
  
• LexisNexis Practice Guide New Jersey Civil Discovery (LexisNexis Publication December 2006)
  
  
• Attention To Detail - The Designation Of The Party Arbitrator (RISE, October 2006)
  
  
• Emerging Trends and Considerations in Handling Property Claims (Presented at the TSM&P Hot Topics In Insurance Law Seminar - September 27, 2006)
  
  
• Insolvency and Your Insured: What’s an Insurer to Do? (Presented at the TSM&P Hot Topics In Insurance Law Seminar - September 27, 2006)
  
  
• A Primer And Update On California Extra-Contractual Claims Against Insurers: Developments In Bad Faith And Unfair Competition Law (Presented at the TSM&P Hot Topics In Insurance Law Seminar - September 27, 2006)
  
  
• A Primer On Copyright Infringement (Presented at the TSM&P Hot Topics In Insurance Law Seminar - September 27, 2006)
  
  
• Insurance Implications of Stock Option Backdating Investigations and Litigation (presented at Mealey’s Teleconference September 2006)
  
  
• ERISA Litigation The Year In Review: A Summary (Declarations--Journal of Excess/Surplus Lines Claims Association, Summer 2006)
  
  
• Personal And Advertising Injury Liability Coverage: An Overview - 12-Month Update (August 2005 through August 2006, Vol. 2, No 11)
  
  
• Coverage Conundrum: Should Insurers Defend TCPA Actions? (DRI's The Voice, May 10, 2006)
  
  
• Insurer Heal Thyself - Avoiding Institutional Bad Faith Claims (presented at the ABA Property Seminar, April 27-29, 2006)
  
  
• Late Notice & The Prejudice Requirement: 50-State Survey (March 2006)
  
  
• 50-State Survey - Spoliation of Evidence (March 2006)
  
  
• Does An Auto Accident Affect The Insured's Ability To Reinstate An Auto Liability Policy? (March 29, 2006)
  
  
• Ramifications of Broker Being Present When Injured Consults with Counsel (Claims Guides, March 13, 2006)
  
  
• Significant Reinsurance Cases Of 2005 (appeared in Mealey's Litigation Report: Reinsurance, Vol. 16, #22, March 16, 2006)
  
  
• The Dangers Of Having The Broker Present When The Insured Consults With Counsel (March 2006)
  
  
• Current U.S. Reinsurance Claim Issues (Vol. 7, No. 1, January 2006)
  
  
• The Audit Tension - The Reinsurer's Request For Information (January 31, 2006)
  
  
• Arbitrator Impartiality - An Elusive Standard? (Claims Guides, January 31, 2006)
  
  
• Brokers in Pursuit of Professional Liability Coverage (Claims Guides, December 14, 2005)
  
  
• Indemnity Provisions And Contractual Liability Coverage: The Back Door To Coverage (Mealey's Litigation Report: Insurance, Vol.20, #6, December 6, 2005)
  
  
• Causation, The Flood Exclusion And Katrina (December 2005)
  
  
• Business Interruption Coverage (December 2005)
  
  
• Handling Katrina Property Insurance Claims - Staying Out Of Trouble (December 2005)
  
  
• Application of Deductibles And SIRs In Multiple Consecutively Triggered Policies (Presented at the Mealey's All Sums and Reallocation Seminar - November 7, 2005)
  
  
• The Continuing Evolution Of The "Follow The Fortunes" (Claims Guides, October 11, 2005)
  
  
• Is It Good To Be "You"? A Discussion Of The Definition Of "You" And It's Effect On Additional Insured Coverage (Presented at the TSM&P Additional Insured Seminar - September 19, 2005)
  
  
• Indemnity Provisions And Contractual Liability Coverage: The Coverage Created By An Exclusion (Presented at the TSM&P Additional Insured Seminar - September 19, 2005)
  
  
• 50 State Survey Of Indemnity For Sole Negligence (2005 Update) - (Presented at the TSM&P Additional Insured Seminar - September 19, 2005)
  
  
• The Other Insurance Problem: Priority Of Payments For Additional Insureds (Presented at the TSM&P Additional Insured Seminar - September 19, 2005)
  
  
• Tender Is The Fight: Targeted Tender Under Illinois Law (Presented at the TSM&P Additional Insured Seminar - September 19, 2005)
  
  
• Structuring An Indemnity Clause In Order To Maximize Chances Of Obtaining Contractual Indemnity For An Indemnitee's Own Negligence (Presented at the TSM&P Additional Insured Seminar - September 19, 2005)
  
  
• A Primer On ISO Changes In The Additional Insured Forms, Some Points To Ponder (Presented at the TSM&P Additional Insured Seminar - September 19, 2005)
  
  
• The Increased Risk Of Harm For Insurers From Pharmaceuticals (Claims Guides, September 15, 2005)
  
  
• Mandatory Arbitration Clauses In The Employment Context (The IDC Monograph - Third Quarter, 2005)
  
  
• Current U.S. Reinsurance Claim Issues (July 2005 Vol. 6 No. 2)
  
  
• Business Interruption Coverage - When Has The Insurer Satisfied Its Obligation? (Claims Guides, July 2005)
  
  
• The Question Of Whether An Insured Is Entitled To Review The Claims File? (Claims Guides, June 22, 2005)
  
  
• Where Is The Duty Of Utmost Good Faith? (RISE, June 2005)
  
  
• Legal Speak: The Scourge Of Our Profession or How To Write A Better Brief (Presented at the DRI Young Lawyers Seminar, June 2005)
  
  
• The Current Status of Terrorism Insurance: Are We Headed For An Independent Private Marketplace? (Claims Guides, May 9, 2005)
  
  
• Bad Faith Quandaries (Claims, April 2005)
  
  
• Issues Involving Additional Insured Coverage, Targeted Tenders And Contribution And Equitable Subrogation Claims By And Between Insurers (Presented at the PLRB meeting, April 2005)
  
  
• Unilaterally Rescinded D&O Policy - Should An Excess Insurer Still Advance Defense Costs? (April 2005)
  
  
• Appraisal - Does An Insurer Ever Lose Its Ability To Request One? (Claims Guides, April 5, 2005)
  
  
• Significant Reinsurance Cases of 2004 (Mealey's Litigation Report: Reinsurance, April 2005)
  
  
• Blow The House Down: Insurance Coverage And Construction Defect Claims (Presented at the PLRB/LIRB Crossroads Claims Conference & Insurance Expo, April 17-20, 2005)
  
  
• One Step Beyond Meadowbrook: Can An Insurer Direct Defense Counsel to Dismiss Covered Claims? (IADC Defense Counsel Journal, April 2005; Presented at the IADC Annual Meeting, July 6, 2004)
  
  
• The Year In Review (Presented at the DRI ICCI Seminar, April 7-8, 2005)
  
  
• Canning Spam: Is There CGL Coverage For The Telephone Consumer Protection Act And Teleprivacy Claims? (Presented at the DRI ICCI Seminar, April 7-8, 2005)
  
  
• Summary Judgment Motions, Statements Of Facts And Winning Briefs (Presented at the ADTA 64th Annual Meeting, April 6-10, 2005)
  
  
• Personal And Advertising Injury Liability Coverage: An Overview - 8 Month Update (August 2004 through March 2005, Vol. 2 No. 10)
  
  
• Pharmaceutical Litigation: An Overview Of Insurance Coverage Issues (Presented at the ABA's 2005 Insurance Coverage Litigation Committee's CLE Seminar, March 2005)
  
  
• The Spitzer Investigations And Their Aftermath (Mealey's Litigation Report: Insurance Broker Liability, March 2005)
  
  
• Toxic Torts And Environmental Law Section Case Law Update (Presented at the FDCC Winter Meeting, March 5, 2005)
  
  
• The Effect Of The Wallace & Gale Decision - A Potential For More Asbestos Disputes Among Insurers and Reinsurers (March 2005)
  
  
• Current U.S. Reinsurance Claim Issues (January 2005 Vol. 6 No. 1)
  
  
• Insured Versus Insured Exclusion - Court Looks To Conduct For Directors & Officers Liability Coverage (Claims Guides, January 24, 2005)
  
  
• How Many Times Does The Insurer Pay - Multiple Occurrences? (Claims Guides and Insurance Journal, January 2005)
  
  
• INVESTIGATION OF THIRD PARTY CLAIMS: Necessary to Preserve A "Genuine Dispute" Defense (DRI's Covered Events, Vol. 1 Issue 33, December 2004)
  
  
• Appointment of Reinsurance Arbitrators - A Burden for the Courts? (RISE, November 2004)
  
  
• Getting Cinderella Ready For The Ball - Personalizing The Insurance Company Defendant (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Juror Bias: Statistics To Aid in Jury Selection (Presented at the TSMP Bad Faith Seminar, November 2004)
  
  
• Bad Faith In The Tri-State Area And Beyond: A Selected Review Of East Coast Bad Faith (Presented at the TSMP Bad Faith Seminar, November 2004)
  
  
• Bifurcation Of Coverage And Bad Faith Claims (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Strategy Questions In Bad Faith Litigation (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Bad Faith Litigation In The Rest Of The West (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Bad Faith Principles Under California Law (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Punitive Damages In A Post-Campbell World: Better, Worse Or The Same? (Presented at the TSMP Bad Faith Seminar, November 2004)
  
  
• Expert Testimony In California Bad Faith Cases (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• 50-State Survey Of The Standards For The Admissibility Of Scientific Expert Testimony (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Expert Testimony In Bad Faith Litigation: How To Choose, Use, And Challenge Experts (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Bad Faith Claims Arising Out Of Loss-Sensitive Insurance Programs (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Something Wicked This Way Comes: Emerging Issues In The Law Of Bad Faith (Presented at the TSMP Bad Faith Seminar, November 2004 and June 2004)
  
  
• Appointment Of Reinsurance Arbitrations - A Burden For The Courts? (RISE, November 2004)
  
  
• Fundamentals Of Reinsurance (Presented at the CBA/YLS Insurance Committee Fall Seminar - "Nuts and Bolts of Insurance Coverage" November 5, 2004)
  
  
• Insurance Coverage For Sexual Torts (Presented at the IDC Seminar on Defending Sexual Torts, November 4, 2004)
  
  
• Driving Under The Influence - An Accident For Purposes Of Life Insurance? (Claims Guides, November 1, 2004)
  
  
• The Increased Difficulty Of Successfully Challenging The Arbitration Award (September 2004)
  
  
• Asbestos - Are There Any Options Left For Insurers? (September 2004)
  
  
• Excess-Primary Insurer Disputes: An Overview (September 2004)
  
  
• The Insolvent D&O Insurer: A Glass Half Full Or Completely Empty? (ABA TortSource Fall 2004 Edition)
  
  
• A Violation Of The Net Retention Clause - What Happens Next? (RISE, August 2004)
  
  
• The Expanding Ability Of An Insurer To Recoup Costs Expanded For Uncovered Claims (Claims Guides and Insurance Journal, August 2004)
  
  
• Avoiding Bad Faith Claims Arising Out of Settlement of Claims Against an Additional Insured That Eat Up the Named Insured’s Deductible (August 2004)
  
  
• Can You Hear Me Now? The Importance of Clear and Comprehensive Communication Between the Adjuster and Counsel
  
  
• Current U.S. Reinsurance Claims Issues (Vol. 5, No. 2, July 2004)
  
  
• Personal And Advertising Injury Liability Coverage: An Overview - 6 Month Update (February 2004 through July 2004, Vol. 2 No 9)
  
  
• The Party-Appointed Arbitrator: When Is Neutral Really Neutral? (ABA Committee News - Excess, Surplus Lines & Reinsurance Committee, Summer 2004; Mealey's Litigation Report: Reinsurance, March 18, 2004)
  
  
• The Top Insurance Issues In Illinois (June 2004)
  
  
• The Intersection of Privacy Legislation and Insurance Related Litigation (Claims Guides and Insurance Journal, June 2004)
  
  
• A Modern Analysis Under California Law Of Punitive Damages Available For An Insurer's "Bad Faith" (Presented at the TSMP Bad Faith Seminar, June 2004)
  
  
• Punitive Damages In A Post-Campbell World: Mastering The Art Of Constitutional Math (Presented at the TSMP Bad Faith Seminar, June 2004)
  
  
• The Discovery Battlegrounds Of Reinsurance Litigation And Arbitration (May 2004)
  
  
• Conflicts And Representing Multiple Parties In Litigation (May 2004)
  
  
• Identifying Conflicts Of Interest Under Illinois Law: Implications For Defense Attorneys And Adjusters (May 2004)
  
  
• Questions Of Insurance Coverage For Terrorism (Claims Guides, May 2004 and Insurance Journal, May 2004)
  
  
• Identifying Conflicts Of Interest Under Illinois Law: Implications For Defense Attorneys And Insurers (April 30, 2004)
  
  
• Conflicts And Representing Multiple Parties In Litigation (April 30, 2004)
  
  
• Houses Of Straw, Sticks, And Brick: Insurance Coverage And Construction Defect Claims (Presented at the DRI Insurance Coverage And Claims Seminar, April 15-16, 2004)
  
  
• We Provide Coverage For What?!: An Introduction To Insurance Coverage And Intellectual Property Infringement Claims (Presented at the CBA/YLS Emerging Issues In Insurance Coverage Seminar, April 2, 2004)
  
  
• Investigation Of Third Party Claims: Necessary To Preserve A "Genuine Dispute" Defense (April 2004)
  
  
• Significant Reinsurance Cases of 2003 (Mealey's Litigation Report: Reinsurance, April 1, 2004)
  
  
• Recovery of Defense Costs Related To Uncovered Claims 50 State Survey (March 2004)
  
  
• The Question Of Insurance Coverage For Fax Blasting Claims (Claims Guides, March 2004)
  
  
• The Party-Appointed Arbitrator: When Is Neutral Really Neutral? (Mealey's Litigation Report: Reinsurance, March 18, 2004)
  
  
• The Continuing Saga Of A Reinsurer's Obligation To Pay Its Reinsured's Declaratory Judgment Expenses (RISE, March 2004)
  
  
• Sexual Harassment (DRI Employment Law E-Desk Reference, February 2004)
  
  
• Personal And Advertising Injury Liability Coverage: An Overview (6 Month Update Covering Cases From August 2003 through January 2004)
  
  
• Bad Faith Principles Under California Law (February 2004)
  
  
• Confronting Criminal Liability In A Post-Canary Environment (January 2004)
  
  
• Reinsurer Asks For Documents: Could Providing Them Mean A Waiver Of The Attorney-Client Privilege? (Claims Guides, January 29, 2004)
  
  
• Current Reinsurance Claims Issues (January 2004, Vol. 5 No. 1)
  
  
• Bad Faith and Workers' Compensation: Walking a Tightrope with Insureds (Claims, January 2004)
  
  
• Conflicts And Claims Handling For Claims Involving Multiple Insureds (Presented at the TSMP Additional Insured Seminar, January 15, 2004)
  
  
• How To Have A Successful Mediation With Additional Insureds And Named Insureds . . . How To Avoid Feeling Like A Hostage At A Mediation (Presented at the TSMP Additional Insured Seminar, January 15, 2004)
  
  
• Indemnity Agreements: Worth The Paper They're Written On? (Presented at the TSMP Additional Insured Seminar, January 15, 2004)
  
  
• Limiting A Paying Liability Insurer's Total Loss Under California Law Through Policy Limits, Deductibles, Self-Insured Retentions, Allocation, Apportionment, Contribution, And Subrogation (Presented at the TSMP Additional Insured Seminar, January 15, 2004)
  
  
• The New Horizon: Developing Issues In Additional Insured Coverage (Presented at the TSMP Additional Insured Seminar, January 15, 2004)
  
  
• An Overview: Qualifying As An Additional Insured Under General Liability Policies (Presented at the TSMP Additional Insured Seminar, January 15, 2004)
  
  
• A New Pressure - Personal Liability For Claims Adjusters (Claims Guides, December 2003)
  
  
• A New Curve On The Road For "Follow The Settlements" (RISE, December 2003)
  
  
• Insurance Coverage for Sexual Torts (December 2003)
  
  
• The "Life Jacket" For An ERISA Fiduciary: An Analysis Of Fiduciary Liability Insurance Coverage (December 2003)
  
  
• Construction and Interpretation (Financial Institution Bond Annotated, November 2003)
  
  
• An Overview Of Successor Liability Law (Presented at the TSMP Product Liability Seminar, October 30, 2003)
  
  
• Understanding Scientific Evidence (Presented at the TSMP Product Liability Seminar, October 30, 2003)
  
  
• Spoliation Of Evidence: What You Need To Know To Stay Out Of Trouble (Presented at the TSMP Product Liability Seminar, October 30, 2003)
  
  
• Product Liability Defenses In Illinois (Presented at the TSMP Product Liability Seminar, October 30, 2003)
  
  
• Novel Personal Injury Claims In Toxic Tort And Other Product Liability Cases: What's Real? (Presented at the TSMP Product Liability Seminar, October 30, 2003)
  
  
• Punitive Damages In Products Liability Cases (Presented at the TSMP Product Liability Seminar, October 30, 2003)
  
  
• Can We Successfully Defend A Corporate Defendant In The Wake Of Enron? If So, How? (Presented at the TSMP Product Liability Seminar, October 30, 2003)
  
  
• Who Gets The Keys To The Safe: The Battle For Proceeds Of Directors and Officers Policies (Claims Guides, October 23, 2003)
  
  
• Bad Faith In The "Real World": Practical Tips For Handling Settlement Opportunities Involving Third-Party Claims (Presented at the ACE Seminar, October 2003)
  
  
• Contribution And Equitable Subrogation Claims By And Between Insurers: How Do We Share Or Allocate The Loss? (October 2003)
  
  
• The Duty to Settle: Avoiding Settlement Landmines When Handling Third-Party Claims (October 2003)
  
  
• Declarations of Independence: Balancing Ethics and Equality In The World of Independent Counsel (October 2003)
  
  
• Does An Excess Insurer Have An Obligation To Provide A Defense In The Event Of The Insolvency Of The Underlying Primary Insurer? (October 2003)
  
  
• Playing The Pressure Game: Discovery In Bad Faith Cases (Presented at the Insurance Bad Faith Claims In Illinois Seminar, October 7, 2003)
  
  
• Strategies For Insurers Resisting A Prepackaged Asbestos Bankruptcy Blitzkrieg (October 2003)
  
  
• The Illinois Bad Faith Gatekeeper: Section 155 Of The Illinois Insurance Code (Presented at the Insurance Bad Faith Claims In Illinois Seminar, October 7, 2003)
  
  
• Insurance Coverage For Sexual Torts (September 2003)
  
  
• Bodily Injury And Property Damage Liability Coverage: An Analytical Approach To Claims Under The 2001 ISO Form (September 2003)
  
  
• The Basics Of Additional Insured Coverage (Presented at the TSMP Construction Seminar, September 12, 2003)
  
  
• Compliance With Bid Procedures And Challenges To Contract Awards (Presented at the TSMP Construction Seminar, September 12, 2003)
  
  
• Personal Injuries In Mold/Toxic Tort Cases: What's Real? (Presented at the TSMP Construction Seminar, September 12, 2003)
  
  
• Current Reinsurance Claim Issues (Vol. 4 No. 2, August 2003)
  
  
• Coverage For Mold Claims Under First Party Policies (August 2003)
  
  
• Independent Counsel Issues: General Principles Under California Law (August 2003)
  
  
• 50 State Survey: Bad Faith Standards Related To Handling Of Third-Party Liability Claims (August 2003)
  
  
• The Resurrection Of Environmental Insurance Coverage (August 2003)
  
  
• The Elusive Complexity Of Reinsurance Arbitrations (August 2003)
  
  
• Personal And Advertising Injury Liability Coverage: An Overview (6 Month Update Covering Cases From February 2003 through July 2003)
  
  
• The Use Of Expert Testimony In Mold Litigation (FDCC Quarterly, Vol. 53, No. 4, Summer 2003)
  
  
• The Hague Convention On Taking Evidence Abroad In Civil Or Commercial Matters (FDCC Quarterly, Vol. 53, No. 4, Summer 2003)
  
  
• The Forgotten Disclaimer: Pre-Tender Defense Costs (Claims Guides, published by Insurance Journal, July 25, 2003)
  
  
• California Appellate Court Finds The Pollution Exclusion Precludes An Insurer's Duty To Defend (FETTI: The National Forum For Environmental And Toxic Tort Issues Newsletter, July 2003)
  
  
• Coverage Issues Relating to Claim for Misappropriation of Trade Secrets (July 2003)
  
  
• Environmental Response Costs Are "Damages" In Wisconsin (FETTI: The National Forum For Environmental And Toxic Tort Issues Newsletter, July 2003)
  
  
• The Hague Convention On Taking Evidence Abroad In Civil Or Commercial Matters (FDCC Quarterly, Summer 2003)
  
  
• Issues Relating To Coverage For Award Of Attorneys' Fees And/Or Treble Damages Under Lanham Act (June 2003)
  
  
• Carriers' Options When Insured Refuses To Consent To Settlement (June 2003)
  
  
• Coverage For Advertising Injury Claim Requires Damages Caused By The Solicitation, Not Merely The Sale Of The Product (June 2003)
  
  
• General Principles: An Insurer's Obligation To Agree To A "Policy Limit Demand" Settlement Offer Under California Law (June 2003)
  
  
• Issues Relating To Coverage For False Advertising Claims (June 2003)
  
  
• Insured's Duty To Cooperate (June 2003)
  
  
• Wavier and Estoppel Issues: General Principles Under California Law (June 2003)
  
  
• Reinsurance Of Extra Contractual Obligations - Enforceable Or Not? (RISE, June 2003)
  
  
• Don't Blow Your Liability Insurance Claim Before You Make It (June 24, 2003)
  
  
• ERISA Fiduciary Liability After Great West Life: Has The Tiger Lost Its Teeth? (June 11, 2003)
  
  
• Carriers' Options When Insured Refuses to Consent to Settlement (June 2003)
  
  
• Coverage for Advertising Injury Claim Requires Damages Caused By the Solicitation, Not Merely the Sale of the Product (June 2003)
  
  
• General Principles: An Insurer's Obligation To Agree To A "Policy Limit Demand" Settlement Offer Under California Law (June 2003)
  
  
• Insured's Duty To Cooperate (June 2003)
  
  
• Issues Relating to Coverage for Award of Attorneys' Fees and/or Treble Damages Under Lanham Act (June 2003)
  
  
• Issues Relating To Coverage For False Advertising Claims (June 2003)
  
  
• Waiver and Estoppel Issues: General Principles Under California Law (June 2003)
  
  
• Statute of Limitations (May 2003)
  
  
• Critical Issues Under The Fair Labor Standards Act (IDC Monograph, Spring Quarter, 2003)
  
  
• Sexual Harassment And Preventing It In The Workplace (Presented at the MCCA Conference, May 2, 2003)
  
  
• The Laws of Successor Liability 50 State Survey (April 2003)
  
  
• Applicable Statutes of Repose For Claims Arising Out of Improvements to Real Property- 50-State Survey (April 2003)
  
  
• Conflicts And Claims Handling For Claims Involving Multiple Insureds - A Practical Guide (Presented at the TSMP Additional Insured Seminar, April 29, 2003)
  
  
• Waiver Requirement To Procure Insurance (Presented at the TSMP Additional Insured Seminar, April 29, 2003)
  
  
• Indemnity Agreement: Valid Or Valueless (Presented at the TSMP Additional Insured Seminar, April 29, 2003)
  
  
• The Basics Of Additional Insured Coverage (Presented at the TSMP Additional Insured Seminar, April 29, 2003)
  
  
• Presenting The Insurer Witness For Deposition In Mold Litigation (Presented at the DRI Mold Seminar, April 23-25, 2003)
  
  
• Emerging Issues In Reinsurance (Presented at the CBA YLS Insurance Law Committee Seminar, April 7, 2003)
  
  
• 2002 Bodily Injury And Property Damage Update (Environmental Claims Journal, Spring 2003)
  
  
• 50 State Survey: Choice Of Law Standards RE: Insurance Coverage (March 2003)
  
  
• Insurance Coverage For Directors and Officers Under Increased Governmental Scrutiny Following Enron (March 2003)
  
  
• Employment Practices Liability (EPL) Exposures (International Risk Management Institute, Inc., March 2003)
  
  
• The Changing Of The Guard: The United States Government's Role As Reinsurer For Terrorism (RISE, March 2003)
  
  
• The 32M Question: How Should Insurers Approach First-Party Claims? (The National Underwriter, February 17, 2003)
  
  
• The Personal And Advertising Injury Liability Coverages: An Overview (6-Month Update- Covering Cases From July 2002 Through January 2003)
  
  
• Current Reinsurance Claim Issues (Vol. 4 No. 1, January 2003)
  
  
• The 2001 Revisions To The ISO Commercial General Liability Coverage Form (January 2003)
  
  
• Directors And Officers Liability Exposures (International Risk Management Institute, Inc., December 2002)
  
  
• A New Lock For The Floodgate: London Market Documentation Requirements For Asbestos Claims (RISE, December 2002)
  
  
• The Next Asbestos? (Global Reinsurance, November 2002)
  
  
• Accountants' Liability To Third Parties: A Fifty-State Survey (November 2002)
  
  
• Corporate Practice of Medicine: The Illinois Supreme Court Invalidates A Physician Employment Agreement With A Non-Licensed, General Not-For-Profit Corporation (Physician Organizations, November 2002)
  
  
• "Beyond Flirting" Sexual Misconduct In The Workplace (Presented at the DRI Sexual Torts Seminar October 24 - 45, 2002)
  
  
• Consolidation Of Reinsurance Arbitration (RISE, October 2002)
  
  
• Trends In Intellectual Property, Internet And Trade Secret Claims (October 2002)
  
  
• Analyzing Liability Insurance In Terms Of Mold Coverage - Part 1 of 2: Grants Of Coverage (Columns, published by Harris Martin, September 2002)
  
  
• Analyzing Liability Insurance In Terms Of Mold Coverage - Part 2 of 2: Limitations On Coverage (Columns, published by Harris Martin, September 2002)
  
  
• Who's On First? Which Policies Apply to a Mold Claim, And In What Order? (Business Insurance, September 16, 2002)
  
  
• Follow The Settlements, US Style: Recent US Court Decisions Mean That 'Follow The Settlements' Is Not Always Implied In Reinsurance Contracts (Global Reinsurance, September 2002)
  
  
• Fidelity And Surety: An Overview Of The Law And Practice (DRI For The Defense, September 2002)
  
  
• Mold Claims: Is the Worst Behind Us? (CPCU eJournal, September 2002)
  
  
• The Duty to Settle Within Policy Limits: An Insurance Company's Rights and Obligations Under California Law (August 2002)
  
  
• The Battle Over Premises-Operations Coverage For Asbestos-Related Products Liability Claims: An Overview (August 2002)
  
  
• The Personal And Advertising Injury Liability Coverages: An Overview (6-Month Update- Covering Cases From January 2002 Through July 2002)
  
  
• The Duty To Settle: Avoiding Settlement Landmines When Handling Third-Party Claims [WI, IA, NE, OH, IN, MN, ND, SD, IL] (July 12, 2002)
  
  
• Duty To Defend: Issues For Consideration (July 12, 2002)
  
  
• Trends In Asbestos Coverage Litigation (June 2002)
  
  
• Representing Respondent Brokers-Dealers And Registered Representatives In Securities Arbitration Proceedings (May 17, 2002)
  
  
• Defense Strategies For Mold Claims (Presented at the PLRB National Mold Symposium II, May 6-7, 2002)
  
  
• Giving Credit Where Credit Is Due: The Proper Application Of Deductibles And SIRS In Multiple Consecutively Proceedings (Environmental Claims Journal, Spring 2002)
  
  
• Ballard, Anderson And Beyond: The Future Of Mold (Presented at the DRI's Mold Seminar, April 2002)
  
  
• Defects In Electronic Technology (April 2002)
  
  
• The Duty To Settle: Avoiding Settlement Landmines When Handling Third-Party Claims [CO, IL, LA, MO, NM, OK, TX] (March 27, 2002)
  
  
• Application Of Recent California Absolute Pollution Exclusions Cases to Third-Party Mold Claims (The MECA Mailer, March 24, 2002)
  
  
• Uninsured And Underinsured Motorist Coverage In Illinois: An Overview (March 2002)
  
  
• Overview Of Coverage Issues In Environmental And Toxic Tort Claims: Some Principles Of Wisconsin Law (March 2002)
  
  
• Anti-Trust, Intellectual Property Claims, And Unfair Business Practices: Are They Covered Under The Personal And Advertising Injury Liability Coverage? (March 2002)
  
  
• Haddick v. Valor Ins. Co.: The Evolving Law Of The Duty To Settle In Illinois (March 2002)
  
  
• Dispute Resolution (National Business Institute, February 2002)
  
  
• Techno-Torts And Cyberliability Claims: Are They Covered Under A Commercial General Liability Policy (February 2002)
  
  
• Understanding Scientific Evidence (February 2002)
  
  
• The Personal And Advertising Injury Liability Coverage: An Overview (6-Month Update- Covering Cases From July 2001 Thorough January 2002)
  
  
• Is An Internet "Road Show" An Oral Or A Written Prospectus Under The Securities Act? (Illinois Bar Journal, January 2002)
  
  
• The Business Risk Exclusions (Published in Problem Issues In CGL, by the National Underwriter Company, 2001)
  
  
• The "Molden" State: Evaluating Third-Party Mold Claims Under California Law (Mealey's Litigation Report, December 2001)
  
  
• Avoiding A Finding Of Bad Faith: What Every Auto Insurer Needs To Know (CPCU Society, Claims Section Quarterly, December 2001)
  
  
• Drafting Information Consent Forms In Light Of The HIPAA Privacy Rule (Physician Organizations, Early Winter 2001)
  
  
• "Quick Look" Guide to California Case Law On Coverage Issues Pertinent to Construction Defect Claims (November 2001)
  
  
• The Importance of Contractual Indemnity Provisions in Construction Defect Claims (November 2001)
  
  
• A General Overview: Qualifying As An Additional Insured (November 2001)
  
  
• Products Liability Defenses, A State-by-State Compendium Illinois Chapter (Published in Product Liability Defenses A State-by-State Compendium, by the DRI, 2001)
  
  
• Duty To Defend Issues Arising in Construction Defect Claims (October 2001)
  
  
• Definitions Of Key Terms In The Commercial General Liability Policy (IICLE on Commercial and Professional Liability Insurance, October 2001)
  
  
• When The Walls Come Tumbling Down: Construction Defect Claims And Insurance Coverage (October 2001)
  
  
• How Will The Pollution Exclusions Be Applied To Mold? Lessons From Existing Decisions (September 2001)
  
  
• The Raging Telecommunications War: The Offensive Steps The World Trade Organization Should Take (Tulsa Journal of Comparative & International Law, Fall 2001)
  
  
• Requirement for Offense Within Policy Period and Pre-Policy Publication Exclusion (August 2001)
  
  
• Issues Relating To Coverage For False Advertising Claims (August 2001)
  
  
• The Personal and Advertising Injury Liability Coverage: An Overview (6 Month Update, Cases From January, 2001 Through July, 2001)
  
  
• The Comprehensive Environmental Response, Compensation And Liability Act (Presented at Executive Enterprise Environmental Regulation Course July 26-27, 2001)
  
  
• Protecting The Privilege: Communications And Documents Created And Stored Electronically (April 2001)
  
  
• Twenty-First Century Look At Discovery Issues In Coverage Litigation (April 2001)
  
  
• Business Loss - When Is It Covered? An Analysis of Directors And Officers And Professional Liability Coverage (March 2001)
  
  
• The Fortuity Requirement In Personal and Advertising Injury Insurance - Revisited (March 2001)
  
  
• Choice Of Law, Late Notice And Duty To Defend (March 2001)
  
  
• It's "Only" An Aggravation: Practical Suggestions For Defending Cases That Involve The Aggravation Of Pre-Existing Neck and Back Problems (Presented at the DRI Damages Seminar, March 15-16, 2001)
  
  
• The Insurer's Duty To Defend, Targeted Tender, Estoppel And Waiver: Some Principles Of Illinois Law (March 2001)
  
  
• The Devil Is In The Discovery: How To Prevent A Bad Result In A Good Case (Presented at the FICC Spring Meeting, February 25 - March 4, 2001)
  
  
• The Insurance Company's Dilemma: Multiple Insured's of Claims, But Only One Limit (February 2001)
  
  
• Coverage Through Estoppel: Insurers Watch Out, You May Lose More Than You Bargained For (February 2001)
  
  
• The Personal and Advertising Injury Liability Coverages: An Overview (6 Month Update, Cases From August, 2000 Through January, 2001)
  
  
• Techno-Torts: Are They Covered Under A Commercial Liability Policy? (January 2001)
  
  
• Techno-Torts: Are They Covered Under The Personal Injury Liability And Advertising Injury Liability Coverage Of The Commercial General Liability Policy (January 2001)
  
  
• Is There Coverage For Punitive Damages Awards? 50 State Survey (January 2001)
  
  
• Contractual Indemnity Provisions in Design Defect Claims (January 2001)
  
  
• Claims Handling Deadlines/Estoppel 50 State Survey (January 2001)
  
  
• An Emerging Dilemma: Allocation Of Judgments And Settlements (DRI For The Defense, December 2000)
  
  
• What's Being Done To Protect Privacy On The Internet (IDC Quarterly, Fourth Quarter, 2000)
  
  
• An Ounce Of Prevention Is Worth Of Pound Of Cure: Proactive Strategies For Corporate Policies That Save Money (November 30, - December 1, 2000)
  
  
• Internet And Privacy (Presented at the DRI Technology Litigation - The Next Wave Seminar, November 2000)
  
  
• Coverage Issues Associated With Occupational Disease Claims (November 2000)
  
  
• Discoverability Of Insurer-Reinsurer Communications: A State By State Survey (November 2000)
  
  
• Guidelines for Handling Advertising Injury Claims Under California Law - Introduction (November 2000)
  
  
• Public Official Bonds (October 2000)
  
  
• Finding A Workable Solution (Presented at the CBA Seminar "The Liability Insurer's Role in Defending the Insured," September 28, 2000)
  
  
• Selected Workers' Compensation And Occupational Disease Laws (October 2000)
  
  
• RSD Litigation - How The Pain Becomes Disabling: Building A Mountain Out Of A Molehill (Presented at the DRI Repetitive Stress Injuries Seminar, September 2000)
  
  
• Seventh Circuit Addresses Content Of The Statutory Notice Of Election To Rescind Under The Illinois Securities Law Of 1953, As Amended (September 2000)
  
  
• Advertising Injury Claims In The Internet Age (August 2000)
  
  
• Application Of The "Absolute" Pollution Exclusion To Indoor Exposures Under Illinois Law (July 2000)
  
  
• Opening Statement: "Closing Lines" (DRI Trials & Tribulations, Summer 2000)
  
  
• Damage Theories And Anticipated Defenses In Commercial Cases (June 2000)
  
  
• Techo-Torts: What Liability Policies Cover The Risk? (May 2000)
  
  
• Intellectual Property Update: Digital Millennium Copyright Act Provides New Protections And Liabilities In Electronic Commerce (2000)
  
  
• Recovery For Fear Of Future Disease: Recent Developments (IADC Product Liability Newsletter, April 2000)
  
  
• The Most Overlooked Weapon In The Arsenal? Insurance Fraud And The Illinois Insurance Fraud Act (IDC Quarterly, Second Quarter, 2000)
  
  
• Computer Use Jurisdiction In The Internet World (IDC Quarterly, Second Quarter, 2000)
  
  
• Fuming About Coverage: Indoors With The "Absolute" And "Total" Pollution Exclusions (Presented at DRI Insurance Coverage for Environmental and Mass Tort Claims Seminar, April 13-14, 2000)
  
  
• Reinsurance (2000)
  
  
• Opening Statement: "In the Realm of the Senses" (DRI Trials & Tribulations, Spring 2000)
  
  
• Challenges Against The Industry (March 2000)
  
  
• The Elusive Duty To Tender In Illinois (March 2000)
  
  
• Will Insurers Be Required To Pay The Cost Of Preventing The Great Computer Meltdown: Obstacles To Recovery Of The Y2K Expenses Under The Sue And Labor Clause In Property Policies (March 2000)
  
  
• The Trial Lawyer And Hard Core Science (FICC Mid-Year Meeting, February 27 - March 4, 2000)
  
  
• Challenging The Qualifications of The Reinsurance Arbitrator (2000)
  
  
• Cyberspace Liability: The Use And Abuse Of The World Wide Web (IDC Quarterly, First Quarter, 2000)
  
  
• Allocation Of Judgments And Settlements Between Covered And Uncovered Claims And Insured And Uninsured Parties: An Emerging Dilemma For The CGL Carrier (February 2000)
  
  
• The Personal & Advertising Injury Liability Coverages: An Overview (February 2000)
  
  
• Special Considerations In Defending Bankrupt/Liquidated Manufacturers (Presented at the DRI 2000 Products Liability Conference, January 2000)

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