N.H. PASSES TORT REFORM MEASURE

The New Hampshire House last month gave final approval to the bill that defines who can be sued and ordered to pay damages in a lawsuit, even after some lawmakers complained the language is confusing.

The bill defines parties in a lawsuit as individuals or entities named in the lawsuit when a jury is deciding damages. It also declares that damages in a lawsuit be determined in proportion to a defendant's fault, and only when that fault is deemed a "substantial" factor in causing harm to the plaintiff. It goes into effect Jan. 1.

"This bill is very reasonable," said Republican Rep. Anthony DiFruscia, a lawyer from Windham.

"It's a victims' bill; it's not an insurance companies' bill."

Opponents said the wording of the bill could lead to problems.

"I still feel the word 'substantial' is very subjective," said Rep. Stephen DeStefano, a Merrimack Democrat. "Substantial when you have a large case with many factors would be a quagmire," he said.

Others said the bill would clarify the ground rules for civil lawsuits.

"It is simple," said Nashua Democrat Bette Lasky, the bill's sponsor.

"It redefines the term 'party' in a suit so that the person who is wronged in a civil suit can determine for him or herself with his attorney who he would like to sue."

She added, "This brings this back to paying what you were responsible for."

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NFIP ACCOMPLISHMENTS

• More than $1 billion in flood damage is avoided each year through mitigation efforts.


• More than 20,300 communities have flood maps as a basis for flood insurance rates, insurance purchase requirements, and local floodplain management programs.


• An estimated 9,000 square miles of the nation's most flood-prone lands are protected from future development because they are designated as floodways, allowing for floodwaters to pass unhindered.


• At least 6,000 acres of previously developed floodplain land have been returned to open space.


• A significant majority of buildings now being constructed in floodplains are built according to NFIP standards.


• With 33 consecutive months of policy growth, there are now more than 5.4 million people with flood insurance protection.

BEAZLEY TURNS FOCUS TO MEDIA IN COVERAGE FOR DESIGN PROS

Beazley Insurance Co. takes a unique approach to architects and engineers professional liability by focusing on various media-related coverages needed by design professionals.

"We are still the only company at this point who has taken a media technology policy and built the architects and engineers professional liability policy into that, because we feel at this point that the industry has shifted over the last 20 years for the architects and engineers that they have much more liability than just doing their design," explains Dana Brown, specialty underwriter for architects and engineers for Beazley Insu-rance Co.

The media portion includes coverage for the transfer of electronic data.

"If, for some reason, a firm goes and somehow messes up the electronic data within the overall program, who's going to be liable? Is that something that's coming out of a professional service, or is that just data entry that has caused a problem? So, we're picking up that," Brown notes.

It also provides cover for those firms that are offering software or even technology products that remotely operate the plants they design.

Beazley also incorporates computer network security coverage for firms' Web sites. "If somebody broke into that site, hacked in, and takes that data that is considered confidential, again, who's going to cover that?" she asked.

Finally, the media-focused A&E policy includes liability for multi-media and advertising, as well as copyright infringement. "Most carriers, if you go and ask them, 'Is copyright covered?' The standard answer is, 'Well, it's not excluded.' Well, is it covered? It's hard to get underwriters to say it is, because the reality is that it really isn't. There are separate policies available for it. But we're covering that," Brown said.

ONEBEACON BETS BIG ON SMALL

OneBeacon Insurance Group has long focused on small business, with particular emphasis since 2000. In 2003, the company launched its OnePac product suite that provides tailored coverages for 14 industry groups and 360+ classes of business. The company defines small business based on the customer's eligibility and targets businesses with up to 25 employees, $10 million in sales, and property values of $10 million or less. The company actively writes business in 27 states, including just-announced entries to Minnesota and Kansas.

OneBeacon's OnePac solution begins as a business owner's policy and then provides customized coverages reflecting unique needs. The company targets 14 industry groups and provides solutions for more than 360 classes.