ARTICLES

12/13/2017· Land Use

Condemnation & Ownership Rights

By: Frank S. Ferrantello

Property owners have rights and protecting those rights was a central part of the Founding Fathers' goals. Nevertheless, there are certain circumstances in which owners can have their property taken from them. The process through which private property is legally dispossessed by the government is known as condemnation. Property owners are entitled to fair compensation and have the opportunity to offer their own valuation information in condemnation proceedings. There are various factors to consider for accurate property valuation: size, zoning, structures, use, accessibility, adjacent properties, leases, etc. An essential part of due diligence is determining precisely what the property comprises.

7/18/2021· Insurance

One River - Two Currents: How The Standard Of Care And Day To Day Reality Differ

By: Frederick Fisher, JD, CCP

The article was consistent as to the general duties that have been decided throughout most of the United States. The article stated that the a duty of an insurance broker is generally limited. The general standard requires the agent / broker to use reasonable care and diligence to procure the coverage requested by client. Most courts have examined the scope of a broker obligations and have concluded that the duty does not include recommending specific types or limits of coverage.

4/20/2021· Insurance Coverage Analysis

The Dangers Of Absolute Exclusions, And Why Are Regulators Allowing Them?

By: Frederick Fisher, JD, CCP

The basis for many of the “absolute” exclusions is that the excluded exposure is supposed to be covered under other policies or not at all as to the insured’s conduct. In other words, if you have an E&O policy, insureds should not look to the policy to cover them for typical directors and officers exposures, employment practices liability exposures, or even technology exposures

3/12/2015· Insurance

Claims Made Insurance : A Review of The Modern Form

By: Frederick Fisher, JD, CCP

Rarely are clients immediately aware of the wrongful or erroneous actions of the "professional" they trusted to perform specific duties or services; mainly because "professional" acts or errors do not or only seldom cause immediate injury. A "professional's" wrongful acts or errors may not manifest in client injury until long after the act is perpetrated or the error is committed.

12/22/2014· Insurance

Continuity And Prior/Pending Litigation Exclusions In The Claims-Made Policy Form

By: Frederick Fisher, JD, CCP

The 35-year history of the claims-made policy form has not brought it stability or standardization. In fact, claims-made forms have begun to incorporate with increasing frequency additional and exclusionary language that is unfavorable to the policyholder.

11/20/2014· Insurance

Construction Risk Management: Claim Auditing

By: Frederick Fisher, JD, CCP

The claims audit is the anathema of day-to-day claim operations. Nothing is more disruptive. Yet, if properly defined, nothing is more informative and helpful in improving a claim management program. This article will examine the need for a regular auditing program and provide a recipe for a three-dimensional approach to the process in order to maximize the accuracy of the audit results.

1/28/2015· Insurance

Current Trends: The Unintended Results of the Absolute Exclusion

By: Frederick Fisher, JD, CCP

Two mutually exclusive goals are beginning to result in apparently unintended results within the executive and professional liability markets. The quest for underwriting profits and the desire to develop clear (to whatever extent possible) coverage language have rapidly changed the coverage landscape within these two lines of coverage.

10/15/2014· Professional Malpractice

Technical Aspects Of Professional Liability Claims

By: Frederick Fisher, JD, CCP

Professional liability claim management is a unique area of insurance claim responsibilities. Indeed, there are as many ways to supervise, manage, and investigate professional liability claims as there are different lines of professional liability coverage. This article will address the key issues that are involved in the investigation and resolution of nonmedical and non-D&O claims under professional liability policies.

4/28/2017· Insurance

Working With Expert Witnesses: Tips That Are Not In The Civil Rules

By: Frederick Fisher, JD, CCP, and Louie Castoria, Esq

Insurance defense attorneys inhabit a confusing world in which even the "routine case" may need an expert witness for trial or a consultant to help with an early evaluation for settlement purposes. The legal precedents, regulations, and such don't often say what the profession's standard of care in the community is in the exact situation.

11/28/2012· Child Witch Phenomenon

Witchcraft Accusations: A Protection Concern for UNHCR and the Wider Humanitarian Community?

By: Gary Foxcroft

Stepping Stones Nigeria is a grassroots, child rights NGO that works with partner organizations in the Niger Delta region of Nigeria to protect, save and transform the lives of vulnerable children.