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Insurance IssuesTM

Insurance Issues provides an in-depth look at timely and important topics on insurance industry issues.
 

Insurance Issues - Critical Issues in Workers' Compensation (size:0.63MB)
Issue: May, 2012   Language: English
Author:  Diane Brown
Summary: This annual publication discussing critical issues in Workers' Compensation includes three articles: the Opioid Epidemic in Workers' Comp., written by Joe Paduda, Principal of Health Strategy Associates; the State of Workers' Comp Claims, written by Lauren Hilan of Genesis; and Indentifying a Nanotech Risk in Your Book, written by Gen Re's Charlie Kingdollar.
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Insurance Issues - Increasing Personal Injury Exposures--Nothing to LOL About (size:0.59MB)
Issue: April, 2012   Language: English
Author:  Charlie Kingdollar
Summary: This article looks at personal injury exposures--the latest trends in social media usage, policy language and claim activity. We discuss what insurers need to prepare for in the future, how much the exposure has increased in recent years, video uploads and sexting, emerging litigation and examples of defamation verdicts, policy language for Homeowners and Personal Umbrella policies, new websites, personal injury coverage in CGL and CU policies, and underwriting considerations.
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Insurance Issues - Insurance Bad Faith Liability--State Law Survey (size:0.88MB)
Issue: April, 2012   Language: English
Author:  Arthur Harris
Summary: No line of business or jurisdictions are immune to bad faith liability. Insurers are most susceptible when they deny coverage, reject settlement offers and do not investigate promptly. A threat of bad faith can hang over many proper claim decisions. This article offers a snapshot of bad faith claims in the U.S.
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Insurance Issues - 2012 Trifecta of Emerging Issues (size:0.58MB)
Issue: February, 2012   Language: English
Author:  Charlie Kingdollar
Summary: This publication contains three article updates on Emerging Issues topics that could impact insurers: Hydraulic Fracturing, Nanotechnology, and Computer Malware that Causes Physical Damage. These issues continue to manifest across multiple insurance products.
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Insurance Issues - Social Media--Another Item for the Claims Toolbox (size:0.31MB)
Issue: December, 2011   Language: English
Authors:  William Baumann,  John Butler,  William Lentz
Summary: As a result of the growing amount of information that is posted to social networking sites, claim professionals have discovered that social media should be used as an investigative tool for conducting research and uncovering relevant information on claimants. This article discusses using social media for claims handling, discovery, checking backgrounds and verifying information, as well as for product liability matters.
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Insurance Issues -- Nanotechnology--The Smallest and Biggest Emerging Issue Facing Casualty Insurers? (size:0.38MB)
Issue: November, 2011   Language: English
Author:  Charlie Kingdollar
Summary: The expanding use of nanotechnology may be one of the most important, and possibly most ignored, emerging issues facing the property/casualty insurance industry. Importantly for insurers, thousands of tons of various nanomaterials are being manufactured annually and incorporated into thousands of products. This article discusses: the state of the nanotechnology industry, occupational exposures, university laboratories, examples of new studies and considerations for insurers.
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Insurance Issues -- Navigating the Claims-Made Legal Maze (size:2.02MB)
Issue: October, 2011   Language: English
Authors:  Elizabeth Benet,  Donald Curtin
Summary: The time limitations used by many insurers for reporting claims in the Lawyers Professional Liability and E&O marketplace may not provide the finality so central to claims-made coverage. This article examines issues in claims-made policies, including: coverage basics and reporting requirements; the Notice Prejudice rule; unique state notice laws; major claims-made rulings from New York, Maryland and Texas; and the claims-made impact on LPL insurers.
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Insurance Issues - Periodic Payment Orders in the UK -- A Reinsurer's View (size:1.89MB)
Issue: September, 2011   Language: English
Summary: Periodic Payment Orders (PPOs) in the UK have become an increasingly common occurrence in the settlement of higher value bodily injury claims in recent years. This article discusses the key considerations, as well as accounting treatment of such claims and the increasing debate on capitalisation clauses.
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Insurance Issues -- Dog Bite Liability--Insurers' Best Friend? (size:0.32MB)
Issue: September, 2011   Language: English
Authors:  Frank Foster,  Karen Meyer,  Mindy Pollack
Summary: Many readers as dog owners themselves will find this article interesting. We discuss the risks of dog ownership and provide examples of where dog owners have been liable for injuries caused by their dog. The publication looks at: dog bite claim statistics; the statutes for imposing liability for dog attacks; how insurers are handling the exposure; marketing observations; and sample verdicts and settlements from around the U.S.
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Insurance Issues -- Supply Chain Insurance--Can It Be an Attractive Insurance Product? (size:1.88MB)
Issue: June, 2011   Language: English
Author:  Leo Ronken
Summary: The 2011 tragedies in Japan may show that the breakdown of supply chains may lead to higher losses than the direct losses from the earthquake and tsunami. This article looks at how the insurance industry currently responds to the breakdown of a supplier, and what the underwriting challenges and requirements are for a supply chain insurance product.
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Insurance Issues -- Emerging Issues in Workers' Compensation (size:0.72MB)
Issue: May, 2011   Language: English
Authors:  Diane Brown,  Charlie Kingdollar
Summary: This publication on Emerging Issues in Workers' Compensation includes three articles covering different perspectives for workers' compensation writers -- chronic pain management, nanotechnology and repackaged drugs. The articles are: Chronic Pain--The Not So Quiet Epidemic Lurking in Your Loss Experience, by Michael Shor of Best Doctors Occupational Health Institute; Nanotechnology--Is This Exposure on the Minds of Workers' Compensation Underwriters and Claim Executives?; and Physician-Dispensing of Repackaged Drugs.
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Insurance Issues -- Has Pandora's Box Been Opened?--Stuxnet Computer Malware and Beyond (size:2.86MB)
Issue: April, 2011   Language: English
Author:  Charlie Kingdollar
Summary: Insurers may be facing the next generation of potential claims arising from compromised computer systems. Computer worms can secretly take over computer-run manufacturing or processing equipment and cause critical failures to occur in that equipment. These failures can lead to the destruction of equipment and machinery and may result in explosion and fire that could also affect buildings and personal property, employees and third parties in addition to causing business interruption. In this article we look at the Stuxnet Computer Worm, Implications for Coverage, Commercial Property Policies including Fire Following Terrorism, and coverage issues including third-party liability.
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Insurance Issues -- Could Homeowners' Carriers Pay for Losses Arising From Natural Gas Drilling Operations? (size:8.98MB)
Issue: March, 2011   Language: English
Author:  Charlie Kingdollar
Summary: Thousands of private landowners across the country have leased land to those exploring for oil or natural gas. This article focuses on the potential liability facing Personal Lines carriers providing coverage to landowners leasing land for shale natural gas drilling operations. In particular, we look at: States affected by shale drilling; Who's at risk?; How "forced pooling" may impact land owners who refuse to lease land to drillers; The impact of individual state laws; Litigation and coverage issues.
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Insurance Issues -- Important Insurance Issues for the Midwest (size:1.63MB)
Issue: February, 2011   Language: English
Authors:  Diane Brown,  Elizabeth Kramer,  Mindy Pollack
Summary: This publication was created for clients who write in the Midwest so they can more easily see a recap of some industry topics--most of the information was previously released in other Gen Re publications. We review developments in four Midwest region statesBusiness Auto and CU/Excess Policies in Ohio; Habitational Verdict and Construction Defect issues in Indiana; Fellow Employee Ruling in Missouri; and UM/UIM and Tort Reform in Wisconsin. We also point out Liquor Liability for Illinois, Iowa and Minnesota.
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Insurance Issues - Litigation Targeting Concentrated Animal Feeding Operations (size:0.34MB)
Issue: November, 2010   Language: English
Author:  Charlie Kingdollar
Summary: This article discusses litigation filed against large Concentrated Animal Feeding Operations (CAFOs) and dairy farms. Research includes state legislation and litigation regarding nuisance suits; risk management and risk selection including examples of pollution control measures; insurance coverage issues; and regulatory definitions of CAFOs.
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Insurance Issues - Commercial Auto and Commercial Umbrella--Lessons From Losses Around the U.S. (size:3.81MB)
Issue: October, 2010   Language: English
Author:  Frank Foster
Summary: This article lists a number of verdicts and settlements that involve commercial vehicles. The examples depict the potential for the type of loss that could impact any business operation and trigger a commercial auto and/or umbrella policy. In addition, we discuss: The Commercial Auto Market; Safety and Auto Accidents; Gen Re's study of Frequency and Severity on Urban vs. Rural Roads; and Gen Re's lists of the Top 20 Commercial Umbrella Non-Trucking Auto Losses and Direct Umbrella Auto Losses by Class of Business.
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Insurance Issues - The Chinese Drywall Problem--They Once Made A Great Wall... (size:0.74MB)
Issue: September, 2010   Language: English
Author:  Charlie Kingdollar
Summary: This editions highlights the latest developments shaping insurance exposures to the drywall problem. In particular, topics discussed are liability, regulatory and coverage developments, including recent court decisions; underwriting considerations, with a "roadmap" for navigating around drywall exposures and policy wording issues, with sample exclusions filed in the marketplace. While this comprehensive publication addresses many facets of the drywall problem, we emphasize that the exposures, wordings and legal rules are still emerging.
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Insurance Issues Mid-Atlantic -- New Insurance Issues for the Mid-Atlantic Region (size:1.34MB)
Issue: July, 2010   Language: English
Authors:  Kimberly Kelley,  Mindy Pollack,  John Stone
Summary: In this edition, we review the latest developments and highlight new trends emerging in three Mid-Atlantic region states -- Virginia, Pennsylvania and West Virginia. We also look at several management and financial issues that impact insurers wherever they write. Topics highlighted include Drywall Claims and Coverage, Dropdown and Self-Defense, AutoUIM and Disclosures, Construction Defects, Third-Party Discrimination and Bad Faith, Property Cat Inland Exposure Model Changes, Board of Director News - Emerging Issues, Inflation, M&A
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Insurance Issues - School Liability--Student Athlete Concussions (size:0.15MB)
Issue: April, 2010   Language: English
Author:  Charlie Kingdollar
Summary: Student athlete concussions have received increasing attention with the rising number of serious injuries and multi-million-dollar settlements that schools have paid in personal injury litigation. This article includes some litigation and legislation examples, as well as examples of resources schools may go for guidance.
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Insurance Issues - Emerging Issues for the Workplace (size:0.30MB)
Issue: March, 2010   Language: English
Authors:  Diane Brown,  Charlie Kingdollar
Summary: In this Workers' Comp. edition of Insurance Issues, we share our research on emerging issues and their unique impact on employers and their Workers' Compensation carriers. Imported drywall, Bisphenol-A and nanotechnology are highlighted. These emerging issues create hazards for many areas of construction and manufacturing.
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Insurance Issues - Green Construction Presents New Property and Casualty Exposures (size:0.20MB)
Issue: February, 2009   Language: English
Author:  Charlie Kingdollar
Summary: In this edition of Insurance Issues, we discuss green construction and the new exposures it may create for Property and Casualty insurers. While the economic downturn has affected the real estate and construction markets, the green construction market or building in a more sustainable manner has remained robust. Topics highlighted in this issue are: Growing support for green construction; Ranking systems and training; Implications for Property and Casualty insurers; and Claims considerations.
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Insurance Issues - Some New Liability Issues for the Mid-Atlantic Region (size:0.42MB)
Issue: October, 2008   Language: English
Author:  Mindy Pollack
Summary: In this edition of Insurance Issues, we traverse the Mid-Atlantic states to highlight the emerging issues on our radar screen. New exposures are constantly emerging and retreating in all states. Some regions are more active than others. The Mid-Atlantic is one such region where we find numerous developments reshaping liability and insurance coverage. In this edition we highlight developments from New Jersey, Pennsylvania, Maryland and Delaware that affect personal and commercial insurers, including: Expanding Liquor Liability in New Jersey; Fleet Stacking and Personal Injury Coverage in Pennsylvania; Child Sex Abuse Litigation in Delaware; and Lead Paint Exposures in Maryland.
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Insurance Issues Asia - Large Losses in China (size:0.33MB)
Issue: June, 2008   Language: English
Summary: After many years without note worthy large risk and catastrophe losses, China has been surprised by two large catastrophic events in 2008. In this article, we discuss the lessons that can be learned from the recent snowstorms and earthquakes, from a treaty reinsurer's point of view.
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Insurance Issues - Rx for Rx -- Pharmacies and Suppliers Facing Potential Liability for Imported and Counterfeit Medicines (size:0.16MB)
Issue: March, 2008   Language: English
Summary: In this edition of Insurance Issues, we examine the trends and issues surrounding the nation's growing reliance on imported medicines and ingredients, and consider the insurance implications for insurers providing coverage for distributors and retailers of prescription and over-the-counter medications.
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Insurance Issues - Auto - Multiple Claimants/Inadequate Limits - How to Protect Your Insureds and Minimize Bad Faith Exposure (size:0.32MB)
Issue: November, 2007   Language: English
Author:  Charlie Kingdollar
Summary: The laws, claim climate and demographics in Florida combine to create an environment ripe for bad faith claims. The article includes strategies from two Florida attorneys that can be successfully utilized to provide the greatest protection to an insured, while at the same time minimizing an insurance carrier's exposure to allegations of bad faith claims handling. This article is an update to our December 2004 Insurance Issues publication on the subject.
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Insurance Issues - Faulty Workmanship and Construction Defect Coverage Actions in New England (size:0.20MB)
Issue: July, 2007   Language: English
Author:  Charlie Kingdollar
Summary: This edition of Insurance Issues discusses appellate-level rulings in New England states that have found coverage for claims under CGL policies for contractors' faulty workmanship and decisions abrogating the known loss, or loss-in progress defense.
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Insurance Issues - Does Illegal Immigration Have Implications for Standard Lines Carriers? (size:0.21MB)
Issue: March, 2007   Language: English
Author:  Charlie Kingdollar
Summary: Illegal immigration is an issue that impacts many parts of our economy, including property and casualty insurance. In response to client inquiries, we explore some of the insurance issues raised by illegal immigration.
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Insurance Issues - Underwriting Contractors--From the Midwest to All States (size:1.02MB)
Issue: March, 2007   Language: English
Author:  Deborah Colantuoni
Summary: In this publication, we discuss the legal and underwriting developments affecting construction defect liability and coverage by analyzing the ISO loss ratios for certain construction classes. We were interested in seeing the linkage between construction defect claim activity and experience, particularly in Minnesota and Wisconsin.
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Insurance Issues - Workers' Compensation - Catastrophic Injury Management and Early Intervention (size:0.12MB)
Issue: September, 2006   Language: English
Author:  Lewis Palca
Summary: Produced by Gen Re's Workers' Compensation group, this edition of Insurance Issues provides the perspective of a specialist in the rehabilitation field along with Gen Re's observations and suggestions from an insurance claim perspective.
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Insurance Issues - Personal Injury and the Internet - An Exposure Revolution (size:0.38MB)
Issue: August, 2006   Language: English
Author:  Charlie Kingdollar
Summary: In this issue, we explore how Internet-related exposures have grown, and what it means to HO and PU insurers.
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Insurance Issues - Wisconsin High Court Rewrites the UM/UIM Rules-and Not Only for Auto Insurers (size:0.14MB)
Issue: August, 2006   Language: English
Author:  Lane DeCoster
Summary: We are following industry discussions with the Wisconsin Insurance Department on corrective action for personal umbrella and other liability insurers affected by the Rebernick decision. In this publication we review recent UM/UIM cases and their implications including notice requirements for personal umbrella.
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