CHAPTER 4. ERM and The Role of IP for Small and Midsize Enterprises (SME):
Andrew Whitman- 06/05/13
This chapter describes Intellectual Property Risks facing Small and Midsize Enterprises an ERM Framework, Cost/Benefit Strategies, Requirements of Financing, Utility and Production, Risk Mitigation Strategies, Patent Trolls put SMEs out of business, Opportunities for SMEs with Patents, Licenses and Trademarks: License it; Work on it, Assign it, Auction it; Cross license it; Enforce it.
Abstract of a Chapter for Small Business
CHAPTER 3. Impact of the Affordable Health Care Act on SME’s
Andrew Whitman- 06/05/2013
Health Insurance under The Patent Protection and Affordable Care Act of 2010 (ACA) is required for certain SMES. It is the third mandated medical payment insurance. Workers compensation and automobile insurance has been required. ERM decision factors include the classification and number of employees by FTEs, ages, health condition, and household income (from last year’s tax return) and the classification of independent contractors. This chapter reviews: ACA Implementation Deadlines, Major Issues in State Legislatures; Impact of ACA on Small Organizations-Owners and Employees; Eligibility for Individual Premium Subsidy or Business Tax Credit; Impact of ACA on Unknowing Individuals; Application of Mathematical Models by CPAs and Actuaries; Opportunities and Obligations for SME Owners and Employees Evaluated In An ERM Process.
ERM IS LEGALLY REQUIRED FOR FINANCIAL & GOVERNMENTAL INSTITUTIONS, BUT NOT FOR OTHER ORGANIZATIONS
Andrew F. Whitman, University of Minnesota
APRIA 07/30/13, Proposal Number (accepted) 148 PMS000571
CONCURRENT SESSIONS TWO:(Tuesday,July 30;10:15AM–11:45 AM
Elements of ERM are legally required for U.S. financial institutions and for government-sponsored enterprises: required by U.S. statutes, regulatory agencies (SEC), National Association of Insurance Commissioners (NAIC), and by rating agencies (Standard and Poor’s). Elements of ERM are practiced by some public corporations, by farmers and by owners of intellectual property. We found no U.S statutes or court cases requiring an ERM framework for “public organizations.” This research assists in determining whether there is a legal duty for “Public Organizations” to implement an ERM process. If a public organization is sued in U. S. Federal court alleging breach of a duty to practice ERM, the suit will likely be dismissed.
Steps To A Healthy Financial Future: Medical Resident’s Financial Management
Todd Koch, CPA, MBT, CFP©, Partner, John A. Knutson & Co., PLLPAndy Whitman, JD, PhD, CFP©, Professor, UMN Carlson School; June 21, 2013
Enterprise Risk Management for Insurance Agencies, Weimer, Whitman, Kallman, Agents of America, Ebook 2009, and a hard copy published in 2013 by Thomas Reuters. “A Comprehensive Guide to Avoiding E&O Claims” used by insurance practitioners was completed at the end of 2012. In an email confirmation from Elizabeth Murthy, Legal Editor of Thomas Reuters, states that they have agreed to publish a print version of the book. From: email@example.com [mailto:firstname.lastname@example.org]
Co-authors are Professor James William Kallman Ph. D., ARM, Britton Weimer and other attorneys who wrote a chapter in the book: Al Stephens; Alan R. Jampol; Blaine Grant; Merry Palmer; Michael W. Morrison; Matthew S. Marrone; Daniel Meyer; Darlene White; Roy Little; lCastoria, Louis; Peter Biging; Frances O'Meara; Debbie Dutton Lambert; Daina Dennis.
Chapters in Employment Practices Liability Guide to Risk Exposures and Coverages, Hagglund, Weimer, Speidel & Whitman, National Underwriter, 1998, 2nd Ed. 2012. The second edition of the Employment Practices Liability enables you to take the necssary three steps toward an effective employment practices risk managment plan:
1. Recognizing the exposure areas,
2. Developing practices to manage expsoures,
3. Obtaining liability coverages for the risks. The eighth chapter is dedicated to Employment Risk Management from A to Z.
The Law of Commercial Agents and Brokers, Weimer, Hagglund & Whitman (Thompson/West, 2007),Supplement revised, 2011; annual update 2012. . Commercial insurance agents and brokers are increasingly included in coverage litigation as back-up defendants in case no coverage is found under the policy as written. Commercial policyholders assert a wide range of tort and contract claims against the agents and brokers, such as failure to follow coverage instructions. This book provides a detailed analysis of these claims, along with the defenses available to the agents and brokers. It also examines in detail principal-agent claims and fiduciary-duty claims against insurance brokers who allegedly failed to disclose commissions from insurers and other conflicts of interest to policyholders.
* Enables attorneys practicing in coverage litigation to handle agent/broker issues that are increasingly intruding into ordinary coverage litigation
"Claims Procedures," "Gold in Old CGL Policies," "Corporate Risk Management," and "Pollution-Related Exclusions," Andrew Whitman, The CGL Handbook (Aspen Press, 1999). Hagglund, Weimer, Whitman & Arlene Jorgenson Hillestad,, Aspen Press, CGL Policy Handbook, Second Edition (2011), Aspen Law & Business: coauthors,Britton Weimer, Andrew Whitman, Clarance Hagglund, and Arlene Hillestad. CGL Policy Handbook Covers legal issues under the Commercial General Liability Policy (CGL) use by vertually very US organization, private and public.
Minnesota Insurance Law and Practice, eds. Britton Weimer, Clarance Hagglund, and Andrew Whitman (West Publishing, 2002); Vols, 22 & 22A, revised 2010. Minnesota Insurance Law and Practice was cited several times by the Minnesota appellate courts in 2011-2012. Most of those cites were noted in the 2012 supplement, a copy of which is available, and updated the Pocket Part with co-author Britton Weimer. It includes updating Minnesota insurance information, including relevant statutes and forms. Focuses on the most frequently litigated issues. Volume 22, hardbound, identifies core principles in plain language, and highlights cutting-edge issues and cases. Used by attorneys and insurance claims adjusters who apply MN Law to insurance policy procurement, underwriting and loss adjusting.
"Insurance Regulation and Insurers' Interests in Relocation," Andrew Whitman, Richard Butler, and Yijing Cui, Minnesota Center for Insurance Research (Spring 2000), and Journal of Insurance Regulation (Spring 2001).
"Insurers' Demutualization Decisions," Andrew Whitman, Richard Butler, and Yijing Cui, Minnesota Center for Insurance Research (Spring 2000), and Risk Management and Insurance Review (Fall 2001).
"Evaluation of Claims for Cosmetic Damage Under Homeowners Policies," Andrew Whitman, Minnesota Center for Insurance Research (Summer 1999).
"Employer Health Benefits, Insurance, and Liability," "Pension Plan Liability," and "Risk Management for Business," Stay Out of Court ... and Stay in Business, eds. Clarance Hagglund, Britton Weimer, William Weeding, and Andrew Whitman (Common Law Press, 1996).
"Pollution Cleanup Liability" and "Employee Benefit Plans," Minnesota Insurance Law, eds. Clarance Hagglund, Britton Weimer and Andrew Whitman (Common Law Publishing, 1995).
"The Level of Duty is the Agent's Choice," Andrew Whitman, CPCU Journal (1993).
Presented at the ARIA annual meeting in Aug. 2013.
Group Long Term Care Insurance (LTCi):
Solutions To The Death Spiral
Full Paper Supporting the ARIA 08/07/2012 Poster Session
Description: This paper references premium increases produced by inadequate initial premium, adverse-selection and a potential death spiral for two examples of fully insured group long term care insurance plans
Certified Financial Planner (CPF)
Consultant for Risk Management, Inc., and attorneys on insurance issues
Public Member, Minnesota Auto Insurance Plan
Member, Board of Directors, Missions, Inc.
Member, Board of Directors, Comida Par Vida, Inc.
Chartered Property and Casualty Underwriter (CPCU), 1968
On- and off-the-job, 24-hour health benefits
Liability risk management
Chartered Life Underwriter (CLU)
Employee health benefits and managed care
Insurer liability for environmental cleanup
Coordinator, risk management and actuarial science majors, Carlson School
Volunteer firefighter and first responder, Station #1, Maple Grove, Minnesota
Advisor to Andrew Riverside Presbyterian Church
Director - Risk Management, Inc.
EMT for the Maple Grove Fire Department
Serves Southeast Minneapolis Meals on Wheels and attends Board of Directors Meetings
Guest Lecturer - MN CLE Seminars; and UMN Library Association, & MN CPCU Chapter
Performs music therapy weekly at nursing homes
Project Homeless Connect Volunteer