The insurance industry is complex and ever-changing. In this page you will find links to our current publications on issues of importance to policyholders and insurers.

Insurance Coverage for Power Interruption-Related Business Losses, Costs and Damages (Copyright ©2001 Dispute Resolution Management, Inc.). Published in Mealey's Litigation Report: Insurance (Vol. 15, No. 32, June 26, 2001) and in the July 3, 2001 issue of Mealey's Emerging Insurance Disputes. This article was prepared in conjunction with DRM's cosponsorship of Mealey's Conference on Insurance Coverage for Power Interruption Losses held on June 20, 2001. It analyzes insurance policies and issues involved in power-outage related case law and outlines areas of probable future claims in light of the current energy crisis. The article includes advice for policyholders considering options for recovering business costs, losses and damages associated with power interruptions and outages.

A Critical Examination of the So-called Nonfortuity Defense (published in the John Liner Review, Winter 2000). Fortuity theory is now being asserted as a possible defense against certain contemporary insurance claims. However, such a strategy is unsupported by either historical or modern interpretations of fortuity theory. The article examines fortuity theory as it emerged under historical maritime policies and as it is applied today by the modern insurance industry. It also evaluates the legal treatment of fortuity theory by the courts. Finally, it analyzes problematic aspects of fortuity theory in both definition and application. The article concludes that so-called nonfortuity defense cannot negate insurance contract obligations.

Insurance Coverage and the Millennium Bug: Answers and Issues (Copyright ©1999 by Dispute Resolution Management, Inc.). Many businesses may find that insurance coverage is available for Y2K-related costs. This analysis considers potential Y2K cost recovery under various types of insurance policies, including first-party, third-party, directors' and officers' liability, errors and omissions, and specialty Y2K coverage. It also examines potential coverage of Y2K remediation costs under "sue and labor" and similar clauses. It concludes with an important list of "Steps to Take Now," enumerating critical steps for policyholders to take now to preserve and maximize their options and opportunities for Y2K-related cost recovery. 

Using Old Insurance Policies as Weapons (to be published in forthcoming Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property ; 2nd Edition. Copyright © by American Bar Association). Today, many corporations are facing liabilities for environmental contamination resulting from past industrial activities. Such liabilities may be offset by insurance policies formerly purchased for coverage of past business operations. This article reviews the types of claims and defenses that can be made for such liabilities under commercial general-liability policies. It concludes with strategies for negotiating settlements with insurers for  environmental liabilities under historical policies.

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