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Each issue of The Brief, the Section's quarterly magazine, includes an array of practical articles of interest to plaintiffs' and defense lawyers who practice tort or insurance law. In addition, the popular "Practice TIPS" section provides practical, how-to advice on practice and litigation matters.
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The Brief
Spring 2002, Vol. 31 No. 3
Article Abstracts
"Terrorism: The 'New War' in Insurance
Agreements"
By Matthew H. Adler, Deborah F. Cohen, and Edward T. Groh
The debate over whether the catastrophic fallout of the September 11 attacks
will be covered under all risk policies or war risk policies has not yet
been decided. How these issues play out in the months ahead will likely
guide policymakers for decades and hopefully provide additional clarity
to coverage disputes. In the interim, the market is likely to respond
with definitive policy language that will call terrorism by name instead
of attempting to label it by concept.
"Insurance Implications of WTC"
By Carl J. Pernicone and James T. H. Deaver
Because many claims have yet to be filed, the full extent of the insured
losses from the WTC disaster are not determinable. The insurance industry
has had to address a number of issues since September 11. These include
future losses from terrorism, claims for business interruption, war risks
exclusions, exclusions for terrorism, and reinsurance implications.
"Sue and Labor Provisions"
By Christopher L. Troy and Andrew S. Granzow
The sue and labor clause remains somewhat of an enigma to courts, attorneys,
and litigants. Recently the provision was featured in several massive
lawsuits. This article provides an overview of the cases addressing the
sue and labor provision. In addition, it offers some insight into how
the provision may be interpreted in those cases where the forecast of
a catastrophic event, usually a storm, prompts a policyholder to take
steps to protect insured property against damage from a covered peril
but the storm does not materialize.
"Leasing Space in the Age of Horrific
Events"
By Gary A. Goodman and Joseph Thanhauser
In the modern history of commercial real estate markets, tenants and landlords
never before have had to focus on the underlying premise of safety upon
which these markets are based. When the unthinkable happened on September
11, the arcane clauses to which nobody had paid much attention suddenly
became all-important. This article focuses on some of the provisions that
should be considered in light of the new reality of leasing space in vulnerable
times.
"Vets in the Doghouse: Are Pet Suits
Economically Viable?"
By Richard L. Cupp. Jr. and Amber E. Dean
A growing number of plaintiffs' attorneys are finding pet injury claims
worth their time. The most inviting targets for such lawsuits typically
are veterinarians. As with human doctors, negligence by vets frequently
causes injury or death, and statistics indicate that owners are increasingly
likely to sue over such negligence. Not long ago the American Veterinary
Medical Association (AMVA) Professional Liability Insurance Trust responded
to approximately 1,200 veterinary malpractice claims each year; by 1999
that number had risen to approximately 2,000 claims-a 66 percent increase.
"Time-Element Losses During Catastrophes"
By Jess B. Millikan
Time-element losses present difficult legal and adjustment issues under
the simplest of circumstances. The adjuster is engaged in an imaginary
exercise to estimate what that business would have spent and would have
earned had there been no loss. This exercise is more challenging where
a significant regional catastrophe occurs. Natural disasters like earthquakes,
hurricanes, and floods disrupt the normal patterns of human commerce over
a significant geographical region. This disruption inevitably makes it
more difficult to determine whether the conditions of coverage have been
met and, if so, to measure the loss payable under the policy. This article
identifies the essential elements of a covered business interruption loss
and discusses each element in the context of regional catastrophe situations.
"Identifying and Controlling Terrorism-Related
Risks"
By George M. Foote
The legal community's contribution to the security of our colleagues and
clients should include using our traditional analytical and communications
skills to help develop and implement the plans to provide that security.
This article describes the lawyer's role in security planning and emphasizes
the importance of comprehensive assessment of and response to terrorism-related
threats. It outlines a model program to help identify, quantify, and control
security threats. Although every company is unique and no master approach
will fit all situations, the model is a useful guide to help design appropriate
programs.
Last Modified on
Tuesday, August 17, 2004 1:24 PM
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