A Glimmer of Good News for Uber: Coverage for Negligent Hiring and Retention Claims
on March 1, 2016
In the past week an Uber driver in Kalamazoo, Michigan went on a shooting rampage between picking up customers. It is not farfetched to believe that at some point Uber may be the target of lawsuits filed by the estates of the various decedents for the actions of its driver. While it may seem like a stretch, when an employee's intentional actions – or in the case of Uber, arguably an independent contractor – causes bodily injury or property damage, those intentional actions may give rise to negligent hiring or retention claims....
Insurance Coverage for Emerging Environmental and Energy Risks
on February 5, 2016
Ohio's alternative energy industries are booming. Fracking and offshore wind turbine technologies are some of the most exciting new fields developing right here in Ohio. Businesses involved in these energy projects face traditional and new risks associated with an alternative energy enterprise. Policyholders and their brokers must have an expansive understanding of these risks and the types of insurance available to meet these risks....
California Supreme Court Holds That Insurer Can Recover Litigation Costs Directly From Cumis Counsel
on January 27, 2016
Last August, the California Supreme Court issued its opinion in Hartford Casualty Ins. Co. v. J.R. Marketing, LLC. 353 P.3d 319 (Cal. 2015). In its decision, the Court was faced with whether or not an insurer can recover litigation costs directly from Cumis counsel for "unreasonable and unnecessary" fees, or whether an insurer is limited to recover only from an insured in such an action. Id. at 324. In its opinion, the Court concluded that an insurer can seek reimbursement directly from Cumis counsel. Id. Although limited to its facts, this case signals a separation from the Court's precedent in Buss v. Superior Court and opens the door for insurers to seek reimbursement from third parties not listed as insureds under a policy....
Can You Really Protect Your Brand From Guilt by Association?
on January 20, 2016
Every day, athletes and celebrities are seen endorsing different products in magazines, on billboards or even by simply wearing branded apparel. All too often, we see those same celebrities at the center of the latest scandal. But what isn't visible is the cost of those scandals....
Three Lean Management Principles That Apply to Risk Management
on December 9, 2015
In "The Lean Turnaround. How Business Leaders Use Lean Principles to Create Value and Transform Their Company" the author, Art Byrne, discussed three management principles that are the foundation of Lean: (1) Lean is the strategy; (2) Lead from the top; and (3) Transform the people. These principles also apply to risk management....
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