Articles by Richard G. Clarke

Legislation, Litigation: Double Whammy for Employers’ Liability

New Laws on Genetic Information, Data Breaches, Pay Discrimination Increase Employers’ Exposure New legislation has often brought new exposures to employers. This is also true of litigation. As 2009 proceeds, there is a “double whammy” for employers from both new …

More Lawsuits, Firmer Prices on the Horizon for Executive Liability

Property Premiums Fall Sharply; P/C Insurers Post Q3 Losses; Some Sell Stock to Raise Cash for Surplus Woes More lawsuits and firmer rates for directors and officers liability coverage are almost certainly ahead as a result of the global financial …

Is ID Theft Insurance Worth Recommending to Agency Clients?

A client concerned about identity theft might consider moving to the Dakotas. It’s best to stay away, however, from Arizona, California, Nevada, Texas, Florida and New York. All of these states reported that more than one out of every 100 …

ID Theft Insurance: Oasis or Mirage?

Is It Worth Recommending to Valued Agency Clients? A client concerned about identity theft might consider moving to the Dakotas. It’s best to stay away, however, from Arizona, California, Nevada, Texas, Florida and New York. All of these states reported …

Comparing apples to apples, not oranges

Using benchmarking tools to assist in determining objective policy limits and deductibles Serious baseball fans were fascinated by Michael Lewis’ 2003 book titled “Moneyball” that advanced the theory that at least one prominent major league baseball team had utilized statistical …

Employment Practices Liability: Like Fine Wine, Better With Time

Many insurance products grow better with the passage of time, as good underwriters look for ways to structure the policy language to be more response to evolving claims scenarios, legislative and judicial developments and general consumer demands. Employment practices liability …

Fiduciary Liability: Obtaining Effective Insurance

As discussed in part one of this series in the Feb. 7 issue (page 34), fiduciary liability is one of the most misunderstood of management exposures. However, once one grasps the concept of personal liability embedded in the ERISA legislation …

Fiduciary Liability: The Most Misunderstood of Management Exposures

In the early 1960s, life in the United States was lived at a slower pace. Transportation and communication required more time (and patience) and employees were more inclined to trust employers on issues relating to employee benefits. Yet, it was …

Fiduciary Liability: The Most Misunderstood of Management Exposures

In the early 1960s, life in the United States was lived at a slower pace. Transportation and communication required more time (and patience) and employees were more inclined to trust employers on issues relating to employee benefits. Yet, it was …

Fiduciary Liability: The Most Misunderstood of Management Exposures

In the early 1960s, life in the United States was lived at a slower pace. Transportation and communication required more time (and patience) and employees were more inclined to trust employers on issues relating to employee benefits. Yet, it was …