The Role of the Broker When Environmental Claims Occur

While environmental incidents tend to occur infrequently, they are often serious enough to disrupt the operations of the entities that experience releases of hazardous materials. The consequences of such events may include third-party claims for bodily injury and property damage, orders to clean up contamination, and regulatory actions against responsible parties. Fortunately, environmental insurance is available to provide protection against the financial consequences of a wide variety of pollution events. This article looks at the role of the broker in assisting clients to identify, analyze, and insure against environmental liability. With properly drafted policies and active participation in the claims management process, the broker can play a significant role in assuring that an environmental insurance policy responds as anticipated when an unexpected incident threatens a client's operations.     

The relation between autonomy-based rights and profoundly mentally disabled persons

A chapter from his forthcoming book "Deciding for the Profoundly Mentally Disabled," Professor Norman Cantor argues persuasively for the right of incompetent persons to have a surrogate make critical medical decisions on their behalf, particularly in the context of refusing life-sustaining treatment. While abusive surrogate decision-making is always a concern, Professor Cantor recommends both substantive and procedural protections in order to preserve intrinsic human dignity for the profoundly disabled.