PUBLICATIONS & COMMENTARY
PUBLICATIONS, COMMENTARY, TESTIMONY, AND LECTURES
INTERNATIONAL RISK MANAGEMENT INSTITUTE PUBLICATIONS
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Underwriting and Claims: Time To Become Friends?
(October 2009)
The War on Fraud: Pitfalls in Public-Private Partnerships
(August 2009)
Are State Insurance Regulators Prepared To Objectively Fight Fraud? A Case Study
(April 2009)
Fraud and Abuse or Abuse of Fraud: Do Insurance Antifraud Laws Tip the Scales against Insureds?
(February 2009)
Disclosing Policy Limits in Liability Claims: A Landmine for Bad Faith
(October 2008)
Insurer's Duty at the Outset of a Personal Lines Claim
(September 2008)
Why Insurance Companies Should Bear—Not Manage—Risk
(April 2008)
Further Comments on Katrina-Related Coverage Disputes
(September 2007)
Hazards of Relying on Computer Technology in Claim Settlements
(April 2007)
Insurance Agent Liability in Katrina Litigation
(January 2007)
Leonard v. Nationwide Insurance Company: Victory or Trojan Horse for Insurers in Katrina Litigation?
(October 2006)
Dissecting Problems in Association Health Insurance Policies
(June 2006)
Marketing Health Insurance through "Trusteed Groups"
(March 2006)
How To Recognize and Avoid Health Insurance Fraud
(January 2006)
Georgia Supreme Court Stalls Motor Club Plans
(September 2005)
Probing the Gaps in GAP Insurance
(June 2005)
Household, Family, and Other Problems in Homeowners Policy Language
(March 2005)
Who Really Lives (or Doesn’t) in Your Household?
(January 2005)
“Household, Family and Other Problems in Homeowners Policy Language,” IRMI Expert Commentary March 2005.
“Probing the Gaps in GAP Insurance,” IRMI Commentary June 2005.
“GA Supreme Court Stalls Motor Club Plans Deeming Them Insurance Even If they Are Not Regulated as Insurance,” IRMI 09/05
“How to Recognize and Avoid Health Insurance Fraud,” IRMI Commentary January 2006
“Marketing Health Insurance Through “Trusteed Groups”: A Perversion of the Group Insurance Concept,” IRMI March 2006
“Dissecting Problems in Association Health Plans,” IRMI Commentary June 2006
“Leonard v. Nationwide: Victory or Trojan Horse for Insurers?” IRMI October 2006
“Agent Liability in “Katrina Litigation,” IRMI Commentary IRMI Commentary December 2006
“Hazards of Relying on Computer Technology in Claim Settlements,” IRMI March 2007
“Rethinking Concurrent Causation and the Flood Exclusion,” IRMI Commentary (June 2007)
“Rethinking the Flood Exclusion: A Coverage Analysis,” RHA Review, Vol. 13, No 4 2007
“Why Insurance Companies Should be Risk Bearers, Not Risk Managers,” IRMI January 2008
“Why Insurance Companies Have a Duty to Advise Insureds in First Party Claims….” IRMI September 2008.
See also RHA Review, Vol. 14, No.4, Sept. 2008.
“The Duty to Disclose Policy Limits in Third Party Claims,” IRMI October 2008
“Fraud and Abuse or Abuse of Fraud: Do Antifraud Laws Tip the Scales Against Policyholders?” IRMI January 2009
“Are State Regulators Prepared to Fight Fraud Objectively? A Case Study,” IRMI May 2009
“Pitfalls in Public-Private Partnerships in the War on Fraud,” IRMI August 2009
“Underwriting and Claims: Time to Become Friends?” IRMI December 2009.
“Anticoncurrent Causation Theory Refined by Mississippi Supreme Court,” IRMI (June 2010)
“A Framework for Evaluating the Role of Third Party Vendors in Claims Investigations,” IRMI November 2010
“Tennessee Supreme Court Deals Blow to Duty to Read,” IRMI July 2011
“So You Think You Are a Professional: The Judicial Model of a Producer’s Professional Status,” IRMI March 2012
“Resources for Identifying Standards of Conduct for Insurance Producers,” IRMI Aug. 2012
“New Issues in Marketing of Producer Errors and Omissions Insurance,” IRMI March 2013
“Risk Purchasing Groups: A Fictitious Grouping for Illusory E&O Coverage?” IRMI April, 2013
“Judicial Estoppel and Insurance Claims,” IRMI November 2013
“In Praise (or Not) of the Appraisal Clause in Homeowners Policies (Part 1),” October 2014“In Praise (or Not) of the Appraisal Clause in Homeowners Policies (Part 2),” IRMI November 2014
“Just What Does ‘Amount of Loss’ Amount to in Appraisal Clauses? (Part 3),” IRMI December 2014
“In Search of a Paradigm for Ethical Conduct in Insurance,” IRMI May 2017
“Insurance Is Affected with a Public Interest,” IRMI August 2017
“The History of Ethical Principles in Insurance,” IRMI February 2018
“Assessing the Non-Economic Costs of Flood Insurance,” IRMI 2018
“Automobile Markets and First Party Totaled Vehicle Claims,” IRMI August 2022
“Determining Statistical Validity in Totaled Vehicle Claims,” IRMI August 2022
“In Search of Standards for Totaled Auto Claims Software, IRMI November 2022
OTHER PUBLICATIONS
"How The Insurance Commissioner Views The No-Fault Bill," in Georgia Trial Lawyers Association, Life After No-Fault (Atlanta, GA: Continuing Legal Education Series, October 4, 1991), pp. 49-63
The Death Spiral : It's Time to Kill It. RHA Review, Dallas, TX, (Vol. 4, No.1, 1997)
Why Choice No-Fault Fails. Law Reporter: Journal of the Consumer Lawyers of Hawaii, (July, 1997)
National No-Fault Insurance - No Bargain For U.S. Drivers BridgeNews Forum: A Series of Viewpoints on Government Regulation, (July, 1998)
Old South/New South Party Coalitions and the Mattingly-Fowler Senate Race, Election Politics (Spring, 1988)
"Issues In Auto Insurance Affordability: Legislative Solutions," National Conference of State Legislatures, Las Vegas, 1998
"Auto Insurance Rate Setting Principles and Underwriting Practices," NATLE/ATLA Conference, Hilton Head, SC, 1998
"Why S. 627 Won't Lower Auto Insurance Rates." Written and oral testimony to U.S. Senate Commerce Committee, 1998
"Non-File Insurance." Written and Oral Testimony to South Carolina Senate Committee on Commerce & Industry, October, 1998
"The Case for Non-File Insurance: Issues and Answers." Written and oral testimony to the Consumer Finance Study Committee, South Carolina General Assembly, October, 1998.