About Morgan O'Rourke

Morgan O’Rourke is editor in chief of Risk Management magazine and director of publications for the Risk & Insurance Management Society (RIMS).
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Snow Insurance, Anyone?

Most people who know me know that I despise talking about the weather.

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I know it’s all part of the small-talking social game we all play but I have to think that we could find something better to talk about than statements of the obvious. Yeah it’s hot/cold/raining/snowing. That’s life. Move on.

That being said, I’m writing this from my house because I have bought into the weather reports that seem to indicate that the New York area will soon be hit with the most blizzardiest blizzard we ever did see. So far I’m unimpressed.

Of course, if I lived a bit further south in the D.C. area, I might have a different perspective. Evidently those folks have seen 14 inches of snow or something like that and it’s obviously a bit of a hassle as these Gawker photos from D.C.-area supermarkets last week can attest. Even mail delivery has been suspended. “Neither snow, nor rain, nor heat, nor gloom of night stays these courageous couriers from the swift completion of their appointed rounds” indeed. Not that I blame them, mind you. You don’t see me out there.

But what I did find interesting is this column from the Washington Post’s Steven Pearlstein. From the unique perspective of someone who evidently has gotten a little tired of being snowed in, he talks about how ineffective snow cleanup is indicative of the disconnect between what we want from our government and what we are willing to pay for.

You’re sitting at home for the third straight day, unable to get to work because of the snow. Your kids are on the fourth day of a snow vacation that is likely to last through the end of the week. How much would you have been willing to pay to guarantee that the streets and sidewalks were clear and things could have run pretty much as normal? $10? $25? $50?

Or imagine that you own a business with 50 employees that is closed for three days because of the snow, but you still have to pay ,000 in salaries for work they didn’t do. What would you have been willing to pay to have things running normally this week?

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$1,000? $2,500? $5,000?

Now, says Pearlstein, what if the government could offer you a little “snow insurance,” a sort of guarantee that snow would cause little to no disruption to your everyday life?

To pay for the extra manpower and equipment, the politicians proposed raising taxes and fees by an average of $25 per household each year, and $2,500 for the average business.

Although the politicians’ offer would be the effective equivalent of “snow insurance,” I can assure you that the reaction to it would be quite different. Republicans would immediate call it “the biggest tax increase in history” and declare unequivocally that it would send the economy into a tailspin while radically expanding the government. Chambers of commerce would issue news releases warning that the tax would particularly hurt small-business owners, who as we all know create every new job and would now be forced to cut their payrolls or close their doors. Virginia’s House of Delegates would move immediately to kill the proposal, thereby dooming consideration by all the other jurisdictions.

As Pearlstein goes on to say, with a small investment we could save a significant amount on lost productivity costs. But as soon as you say the word “tax” or present someone with a bill, they immediately lose sight of the big picture. I’m sure any risk manager who has had to appeal to his or her CEO for more money to fund a new ERM initiative or a new safety program knows exactly what that feels like. It’s the same idea that seems to be at the center of many of the political debates in this country from health care to terrorism protection. We want all the benefits without any of the costs.

Personally, I don’t mind snow days. They always make you feel like a kid again (that is until the back pain from shoveling reminds you that you aren’t that young anymore). I don’t think “insurance” for something that will be gone in a week is all that appealing.

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But I’d like to think that when it comes to something more important, like providing for, say, fire departments, garbage collection or even health care for my family, I would have no problem opening my wallet to pay my fair share.

AKO on Product Recall Insurance

Over at the Risk Management magazine website, Joshua Gold of Anderson, Kill & Olick discusses what policyholders need to know about product recall insurance in a special, online-only column.

In the context of product recall insurance coverage, some insurance companies may attempt to avoid coverage for a product recall losses by arguing that there is no evidence that the product in question did or would cause bodily injuries or damage. Specifically, the insurance company may argue that to trigger coverage, the use or consumption of the product must have resulted or would result in identifiable bodily injury, sickness, disease or death. Such insurance company arguments place the policyholder in an awkward position: namely, in an effort to establish coverage, the policyholder is being urged by the insurance company to evidence just how toxic its product was or could potentially be.

For important advice that will help you get your business back to normal in the event of a costly product recall, click here to read the full article exclusively on RMMagazine.com.

Leaders to Watch

On the heels of their “Top Risks for 2010” report, the Eurasia Group released its “2010 Leaders to Watch” list, highlighting the world leaders that are expected to make the biggest impact on the world this year. Not surprisingly, considering that U.S./China relations claimed the top spot in the “Top Risks” report, number one and number two on the leaders list are Chinese Premier Wen Jiabao and U.S. President Barack Obama. The top five leaders are discussed below:

  1. Wen Jiabao, China – “Having guided China through the worst of the economic crisis, Premier Wen Jiabao, the head of China’s sprawling state bureaucracies, now faces the equally difficult task of shifting Chinese policy from stimulating the economy to containing inflation and preventing asset bubbles.”
  2. Barack Obama, United States – “This year may define the presidency of Barack Obama. He enters 2010 with diminished approval ratings, high unemployment, a massive deficit and poor prospects for the Democratic Party in mid-term elections in November.
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    On issues of critical importance to his agenda, he has ceded considerable responsibility to Congress to determine timelines and details—which the legislature will be reluctant to give back.

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  3. Ichiro Ozawa, Japan – “If he survives the scandal that threatens to engulf him, Ichiro Ozawa has the opportunity to maneuver the ruling Democratic Party of Japan (DPJ) to victory in upper-house elections in July, giving it firm control over the government. Ozawa holds no cabinet position, but he is the most powerful politician in the DPJ, controlling its finances, electoral strategy, and the candidate-selection process as its secretary-general.”
  4. David Cameron, United Kingdom – “If, as expected, the Conservative (Tory) Party wins national parliamentary elections in May, its leader David Cameron will take over as prime minister of a troubled country. The UK is still struggling to overcome a recession, a real estate bubble, and a serious crisis in its all-important financial sector.”
  5. Luiz Inacio Lula da Silva, Brazil – “As President Luiz Inacio Lula da Silva begins his final year in office, he looks set to go out with a bang. Brazil is quickly recovering from the global economic downturn; Lula and his relatively market-friendly economic policies are closely associated with Brazil’s economic success. Internationally, he will utilize this appeal to pursue a larger role for Brazil in developing multilateral policies—in forums like the G20 and at climate change negotiations.
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Rounding out the rest of the top 10 are: Ali Akbar Hashemi Rafsanjani, Iran; Ashfaq Kayani, Pakistan; Vladimir Putin, Russia; Sheikh Khalifa bin Zayed al Nahyan, United Arab Emirates; and Olli Rehn, European Union.

Face v. Butt

In strange trademark dispute news, The North Face Apparel Corp. has sued the creators of The South Butt, a clothing line created by a University of Missouri freshman to parody the popular North Face line of outerwear and outdoor products. According to South Butt founder Jimmy Winklemann the line was developed as a joke “in response to a growing number of people who continued buying gear and clothes from a brand they really didn’t relate to, but were buying because ‘everyone else was.'” The South Butt’s logo is a virtual mirror image of that of The North Face and its motto “Never Stop Relaxing” is a direct mockery of The North Face’s “Never Stop Exploring” tagline.

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The North Face, however, was not amused.

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They sued Winklemann for trademark infringement, trademark dilution and unfair competition and have asked the court to stop the company from producing and selling South Butt gear.

Winklemann and his attorney then submitted an irreverent reply, claiming their innocence and vowing to fight the charges:

While Jimmy may have turned 19 years of age, and while he looks 14 and, to some, acts 12, Jimmy and The South Butt have no choice but to defend the present action to protect the integrity of the marketplace, freedom of choice for the consumer, freedom of speech for all, and the fundamental tenets of capitalism, competition and The American Way.

The South Butt also placed the following disclaimer on its website, further cementing its stance as the little brother that won’t stop picking on his older sibling:

We are not in any fashion related to nor do we want to be confused with The North Face Apparel Corp. or its products sold under “The North Face” brand. If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products.

While legal experts continue to debate the merits of The North Face’s trademark claim, only time will tell how the court will rule. In the meantime, though, Winklemann can already claim one small victory: if it wasn’t for The North Face none of us would have ever heard of The South Butt in the first place.

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