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 Part II of our Conversation with Kevin Knight provides an inside look at how Australia and New Zealand developed the first standard for enterprise risk management known as AS/NZS 4360.Pre-Tender Defense Costs Are Recoverable If There Is No Appreciable Prejudice For Late Notice2/4/2020  A New Jersey trial court recently held that pre-tender defense costs are recoverable if the insurance company fails to establish that it suffered appreciable prejudice as a result of late notice of a claim. Policyholders can use the rationale of this decision to rebut insurance company arguments that they should not pay any pre-tender defense costs for claims where late notice is an issue. Kevin Knight, a pioneering figure in risk management, joins us from Australia to share the history of ISO 31000, the best known standard for enterprise risk management. In Part I, Kevin shares some insights from his involvement to create the first national standard on ERM in the 1990s and how AS./NZS 4360 became ISO 31000. Developed over a four period from 2004 to 2009, ISO 31000 has become the national ERM standard in over 50 countries and has been translated into 23 languages. The story of ISO 31000, however, begins in 1992 when Standards Australia announced the first public enquiry on the feasibility of creating an ERM framework. This article begins sharing the important work between 1992 and 2004 in Australia and New Zealand that would serve as the foundation for ISO 31000. Over the last 30 years, several different fields have attempted to devise frameworks to help organizations manage risk and uncertainty in a holistic way. In this article, we begin to look at the contributions from the international field of standardization which culminated in the creation of the ERM framework known as ISO 31000. David Gauntlett joins us for a conversation on the intersection of intellectual property, insurance and risk management. In Part III, David discusses various strategic issues that confront IP practitioners and corporate counsel. Until the 1990s, few business leaders thought of risk management as something broader than the procurement and administration of corporate insurance. In this article, we discuss the challenges confronting the new field known as Enterprise Risk Management (“ERM”) since it has started to emerge over the last 30 years. David Gauntlett joins us for a conversation on the intersection of intellectual property, insurance and risk management. In Part II, David explains how insurance and IP are uncontestably married to each other. Insurance companies often use the words “tendering” a claim. They argue that policyholders must “tender a claim” by using exactly the right words in order to obtain coverage under the insurance policies. Specifically, they argue that until the claim is “tendered,” they do not have a duty to defend the policyholder. |
AuthorsLori Siwik and Mark Siwik are the founders of SandRun Risk. They apply the principles of vertical leadership and lean six sigma to the discipline of risk management. From time to time they share their blog with guest authors who write about important risk management principles. Categories
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