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How to use the ROW function
The ROW function calculates the row number of a cell reference.
Excel Function Syntax
|Optional. A reference to a cell you want to know the row number of.
You can enter a reference to a single cell or a cell range. The ROW function returns an array of numbers if you enter a reference to a cell range. Remember to enter the formula as an array formula.
The reference argument is optional. Enter =ROW() in a cell and a reference to the cell itself is used. Example, =ROW() in cell F4 returns 4.
The first example demonstrates basic usage. Example 2 and 3 are more advanced and requires some knowledge about MATCH and INDEX function.
Example 1
A cell reference can be relative or absolute or a combination of relative and absolute.
Absolute and relative references in excel
In cell B2: =ROW(B2) returns 2.
In cell B6: =ROW() returns 6
In cell B11: =ROW($D$10) returns 10 (absolute cell reference).
Example 2 - Duplicate columns in an array
In cell range B3:B5:
returns {3; 4; 5}
Now you might wonder why the array formula doesn´t return {3, 3; 4, 4; 5, 5}. There are six cells in the cell range, how come only three values are returned?
The answer is that there is no need for multiple duplicate columns in the array. Excel simplifies the array down to a single column. But when used with multiple cell ranges in more complicated array formulas, make sure the number of rows match. See this example: Unique distinct values from a cell range
Example 3 - Row numbering a cell range
The INDEX function returns a value of the cell at the intersection of a particular row and column, in a given range. To be able to work with multiple values from an arbitrary cell range using the INDEX function we must number each row. That is exactly what we did in the previous example but the first row in a given range has to be 1 and the second 2 and so on. Why? The INDEX function needs properly numbered cell ranges.
This is where the ROW and MATCH function comes in.
The beauty with this formula is that it row numbers any cell range with any size.
In this example, the cell range is C3:D5:
becomes =MATCH({3; 4; 5}, {3; 4; 5}) and returns {1; 2; 3}.
Remember, enter the formula as an array formula.
So what can you do with row numbered cell ranges?
The MATCH function can also be used to find the relative position of a value in a cell range. See these posts:
- How to extract unique distinct values from a column
- Repeat values
- Fetch data from another table
- Shift Schedule
Download example file:
Articles with the 'ROW' Function
The following 4 articles have formulas that contain the ROW function.
How to create a list of random unique numbers
Question: How do I create a random list of unique numbers from say 1 to 10, without using VBA and […]
Count overlapping days in multiple date ranges
The MEDIAN function lets you count overlapping dates between two date ranges. If you have more than two date ranges […]
Count cells containing text from list
The array formula in cell F3 counts cells in column B that contains at least one of the values in […]
Rearrange cells in a cell range to vertically distributed values
The formula in cell B8 uses a named range to calculate the row and column needed to extract the correct […]
Functions in 'Lookup and reference'
The ROW function function is one of many functions in the 'Lookup and reference' category.
How to use the ADDRESS function
The ADDRESS function returns the address of a specific cell, you need to provide a row and column number. Formula […]
The AREAS function returns the number of cell ranges and single cells in a reference. Formula in cell B3: =AREAS(E3:E4) […]
How to use the CHOOSE function
The CHOOSE function allows you to retrieve a value based on a number, cell range C3:C4 in the picture above […]
How to use the COLUMN function
The COLUMN function returns the column number of the top left cell of a cell reference. If the argument is not […]
How to use the COLUMNS function
The COLUMNS function allows you to calculate the number of columns in a cell range. The example above shows that cell […]
How to use the FORMULATEXT function
The FORMULATEXT function returns a formula as a text string. Formula in cell C3: =FORMULATEXT(B3) Excel Function Syntax FORMULATEXT(reference) Arguments […]
How to use the HLOOKUP function
The HLOOKUP function lets you search the top row in a data range for a value and return another value […]
How to use the HYPERLINK function
The HYPERLINK function allows you to build a link in a cell pointing to something else like a file, workbook, cell, […]
Gets a value in a specific cell range based on a row and column number.
How to use the INDIRECT function
The INDIRECT function returns the cell reference based on a text string and shows the content of that cell reference. […]
How to use the LOOKUP function
Finds a value in a sorted cell range and returns a value on the same row.
Identify the position of a value in an array.
How to use the OFFSET function
The OFFSET function returns a reference to a range that is a given number of rows and columns from a […]
The ROW function calculates the row number of a cell reference. Excel Function Syntax ROW(reference) Arguments reference Optional. A reference […]
The ROWS function allows you to calculate the number of rows in a cell range. The example above shows that cell […]
How to use the TRANSPOSE function
The transpose function allows you to convert a vertical range to a horizontal range, or vice versa. A vertical range […]
How to use the VLOOKUP function
The VLOOKUP function lets you search the leftmost column for a value and return another value on the same row […]
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Based on the family favorite card game Uno (rules). Yksi is a browser-based, online multiplayer card game that allows for 2-8 players to fling cards at opponents and destroy friendships, created with Ian Jones for Ludum Dare #40.
Like Uno, you can play a card each turn that matches the numeric value or color of the last played card, with the goal to discard all your cards. Action cards, such as reverse, skip, wild, and +2/+3/+4 also exist. Pronounced "ook-si".

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Plastic Garbage Islands
March 19, 2016
Our ocean is a network of currents that circulate water around the world, called gyres. There are a total of five sub-tropical gyres (North Pacific, North Atlantic, South Pacific, South Atlantic, Indian Ocean). These five massive, slow rotating whirlpools accumulate marine debris and especially plastics which do not wear down; they simply break into tinier and tinier pieces, that will remain in the ocean for decades or longer.


text:
DAILYKENN.com -- A white cancer patient was attacked while sitting outside the Guest Quarters, a hotel property for the Cancer Treatment Center of America in Springfield, Missouri.
From chicago.cbslocal.com:
The suspect had approached the woman on the sidewalk while she was sitting outside in the 1900 block of 27th and struck her in the head with an unknown object, police said. The suspect was described as a black male wearing dark clothing, according to police46-year-old Shannon Vincel died due to severe head injury.
The next time your hear the persisting cultural Marxist myth that whites randomly attacked blacks without provocation in the deep South, think of Shannon Vincel. This is no myth.
Unprovoked black-on-white violence is generations-old epidemic that has taken the lives of thousands of innocent white people in America.
Read more here ►
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'Refugees' sue for better schools
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text:
so what does it mean? I'm sure a few of you know-some of you think
you know and many of you, especially the newcomers to the organization,
would like to know. This question appears to be fairly simple, however,
the answer can be very complex. To give you the full answer I would
need much more space than this column permits. Instead, I will give
you a brief explanation of the Chi-I-Do crest (our patch),- hopefully,
giving you a starting place for further thought.
Shape: Its a circle, so what? Think again. The circle represents
the Zen concept of perfection. It is a form with perfect balance,
with no beginning and no end. It has been said that a student of
Zen who is able to create a perfect circle with but a single brush
stroke is considered to have attained enlightenment.
|Contact Gusi Sensei (email@example.com)


text:
Archives: March 2006
Wed Mar 29, 2006
and Hilarity ensues...
Unmanned Aerial Drones Coming Soon Above U.S.
on /.
[0] comments (5011 views) | link
Tue Mar 21, 2006
Jude Wanniski
You know who was an interesting man? Jude Wanniski, Reagan's source for his supply side tax cuts. I say was because I just found out that he had died last year. Every once and a while, my anti-war google searching winds up on some brilliant quote on his website www.wanniski.com. I'm always delighted to find interesting conservatives who run against the dreck that is modern day reactionary cultural elitist neo-conservatism - and that's why I'm also sad to read about his passing.
Anyway, I was just adding John Perkin's book (which I've just started reading) Confessions of an Economic Hit Man to the left side bar here, and searching around for comments to quote on this great book, I ran across Jude Wanniski's comments on the book from January 2005. I'll get to his quote, but before I go there it's interesting that Wanniski is known as the 'Father of the supply side economics' and hence basically the Reagan Revolution, and an advisor to economic conservatives Kemp, Forbes, etc.. Mr. Wanniski's book The Way the World Works is one of the National Reviews' 100 most infulential books of the 20th Century. I may not have the knowledge to know exactly how to talk about him, but his small-government-conservative/economic cred is immense... no?
Back to John Perkin's book - 'Confessions..', and Jude's thoughts on the premise of it. Read his blog on wanniski.com and you'll find lots of big fat red flags on Bush's economics, and the folly of this war, and the corruption of the IMF and WTO:
Whats this all about? The book was published last fall, but only now shows up as a best-seller? It only recently was brought to my attention by a website fan who knows Ive long argued that the International Monetary Fund and its sister organization, the World Bank, constitute an Evil Empire. The two international financial institutions (IFIs) were founded in 1945 during the genesis of the United Nations as do-good enterprises. The IMF would assist countries trying to keep their currencies tied to the dollar under the terms of the 1944 Bretton Woods Agreement. The World Bank would lend money at low interest rates gathered from the rich countries to help poor countries get off their backs.More...
Over the years, the process has been corrupted, with both the IMF and World Bank becoming controlled by the multinational corporations and their banks. When President Nixon went off the gold standard in 1971, the IMFs reason for existence evaporated, because Bretton Woods and the fixed dollar went up in smoke. Now the problem for the big banks like Chase Manhattan, Citicorp and the Bank of America became two-fold:
1)As surplus dollars accumulated in their reserves and there were no credit-worthy Americans wanting to borrow, the banks had to think of ways to lend the money abroad or it would sit in their vaults earning zip, which means it really is losing money as the paper dollar freed from its gold anchor was inflating and losing purchasing power. Citigroups Walter Wriston (who died last week), came up with the idea that the surplus should be loaned to poor countries, even though they had no collateral, because governments had to pay off their hard-currency loans or lose their international credit ratings.
2)If the countries that borrowed from Chase or Citicorp could not pay back interest or principle and did not worry about stiffing the private bankers, they would have to swallow the non-performing loans. The solution was to have the IMF, looking for something to justify its existence, step in to collect the debt. All it had to do was persuade the U.S. Congress to ante up billion or two of taxpayer dollars to fill their coffers (and replenish them from time to time). They could then go to the deadbeat country and say, We will give you this money so you can pay Chase and Citicorp what you owe them, but you will have to raise taxes on your own people and devalue your currency as the conditions for the loan!
What we have in this book from Mr. Perkins is an account of a foot soldier in these operations of the Evil Empire. Ill get his book and check it out, but from what I can gather about it on the internet he is well within the ballpark of what has been going on. Are bankers evil by nature? Of course not. But as bankers they follow the money, not giving a second thought to the conditions in which they leave their debtors. The first priority of any institution is self-preservation, and for the big banks, that means getting paid back on their loans. Is this any way to run the world? No. It is a dreadful way to operate, and it would end if our government returned to a dollar/gold system and abided by it. If not, Im afraid nothing Mr. Perkins writes or that I write will change a thing. The folks who control the money control our government and thats that. It is interesting that Perkins does identify the Bechtel Corporation and Halliburton as agents in this quiet conspiracy to make sure the good old USA flourishes, even though it means the relentless impoverishment of the poorest countries of the world.
[0] comments (7006 views) | link
Helen Thomas
I heart Helen Thomas.
According to radio this morning, She asked a question during a rare 'unscripted' question and answer period after Bush's speech in Cincinnati this morning - "Evey reason you gave to go to war in Iraq has been proved not true, so what's the real reason?"
to which be blathered on about 9/11, terror, 9/11, war on terror, 9/11, 9/11, 9/11.
She interrupted him to keep asking the question, because he's not answering it.
Bush, perturbed: 9/11, 9/11, 9/11, war-on-terror..
Meanwhile, all the in wingnut-o-sphere is marching in step calling her a 'moonbat' and a old, diseased chestnut, another example of the 'liberal media'... ho hum. How sick I am of that label, 'moonbat'.
anyway, I'm looking for the Bush/Helen Thomas transcript hope to post it later..
Edit: here is the transcript at the Washington Post. A better version is here. Read more for it.. More...
[0] comments (5651 views) | link
Mon Mar 20, 2006
on listening to right wing radio
Wow, Listen to this Rush Limbaugh wannabe, Lars Larson try to debate Portland State University Conflict Resolution professor Amanda Smith Byron with classic style black and white thinking. - MP3
He keeps saying the same things, over and over.
It's painful to listen to right winger hate radio. They barrel over the callers, isolating one thing they said out of context, chipping away and trying to get the guest worked up so their knuckle dragging listeners can cheer and jeer when the sensitive and intelligent person gets the final shout down from the angry father type who ain't gonna take it no more.
The 'Medium is the message', I guess.
This is what our media give us in the land of the 'free'? The equivalent of aural bitch slapping for sport, making a mockery out of any issue in order to make sure an humiliate those who dare to have critical thinking?
I met a wonderful Iraqi woman, Eman Ahmed Khamas, who is in Portland for 2 days for speaking engagements. She talks about her experience in Baghdad, as an Iraqi, and a woman, and as someone who believes the US troops should leave. She mentioned being on a right wing show here where she was shouted down, they laughed at her, and she didn't even know how to deal with it. To her she couldn't understand, because they invited her, and they just wanted to talk over her, cut her off and take her out of context, and jeer at her. Really when you think about it, it's like we are putting immaturity and agressiveness on a pedistal with all these shows.
I look at the dozens of grisly photos and video stills of civilian casualties from high altitude U.S. Bombing that Eman took herself in Baghdad, listen to stories of people disappeared, and I wish to God that other people in this country would start seeing things like this, hearing people like Eman.
Sometimes I think how it seems like we as a society have been going backward.
Right-wingers, have you brought any Iraqi people to your churches lately to speak about their misery? When a mother who has lost her soldier son asks the president 'was it worth it', do you ask her what her political party is? Did you think that the military alone would be able to just go out and 'fight them over there, so we wouldn't have to fight them over here'? Have you brought a soldier to your church who has pulled the trigger, and not known how to live with himself? How complicated life has become, nuanced in shades of grey rather than the utopian and dare I say Stalinist black and white that your flunky cheap labor fear mongering corpratist party mouthpieces have coached us to? Have you figured out their populist nationalism is just a schtick, and they are preying on you, while feeding your vicimization back to you, as all these right wing radio hosts have been doing for the last 15 years? Is it time to start questioning those who wrap themselves around the flag and kissing cross while ripping both to shreds?
[0] comments (5074 views) | link
Sun Mar 19, 2006
Portland Peace Rally
I was amazed by the people and Portland today at least 10,000 to 15,000 came out and participated in the rally to mark the 3 year anniversary of the start on the war in Iraq.
I found this great photo on indymedia portland of the rally. This is the view from the Morrison bridge.
It was a sunny perfect day, too..
As much as the right wing likes to post pictures of crazy looking people at protests, I am always struck how most of the people look like... gasp, uh normal people.
[1] comments (5477 views) | link
Mon Mar 06, 2006
Kurt Vonnegut Wrote Circles Around Both Gore and Capote
Published on Sunday, March 5, 2006 by the Columbus Free Press (Ohio)
Kurt Vonnegut's "Stardust Memory"
by Harvey Wasserman
On a cold, cloudy night, the lines threaded all the way around the Ohio State campus. News that Kurt Vonnegut was speaking at the Ohio Union prompted these apathetic heartland college students to start lining up in the early afternoon. About 2,000 got in to the Ohio Union. At least that many more were turned away. It was the biggest crowd for a speaker here since Michael Moore.
In an age dominated by hype and sex, neither Moore nor Vonnegut seems a likely candidate to rock a campus whose biggest news has been the mens and womens basketball teams joint assault on Big Ten championships.
But maybe theres more going on here than Fox wants us to think.
Vonnegut takes an easy chair across from Prof. Manuel Luis Martinez, a poet and teacher of writing. He grabs Martinez and semi-whispers into his ear (and the mike) What can I say here?
Martinez urges candor.
Well, says Vonnegut, I just want to say that George W. Bush is the syphilis president.
The students seem to agree.
The only difference between Bush and Hitler, Vonnegut adds, is that Hitler was elected.
You all know, of course, that the election was stolen. Right here.
Off to a flying start, Vonnegut explains that this will be his last speech for money. He cant remember the first one, but it was on a campus long, long ago, and this will be the end.
The students are hushed with the prospect of the final appearance of Americas greatest living novelist. Alongside Mark Twain and Ben Franklin, Will Rogers and Joseph Heller and a very short list of immortal satirists and storytellers, there stands Kurt Vonnegut, author of SLAUGHTERHOUSE FIVE and SIRENS OF TITAN, CATS CRADLE and GOD BLESS YOU, MR. ROSEWATER, books these students are studying now, as did their parents, as will their children and grandchildren, with a deeply felt mixture of gratitude and awe.
Nobody tonight seems to think they were in for a detached, scholarly presentation from a disengaged academic genius coasting on his incomparable laurels
Im lucky enough to have known a great president, one who really cared about ALL the people, rich and poor. That was Franklin D. Roosevelt. He was rich himself, and his class considered him a traitor.
We have people in this country who are richer than whole countries, he says. They run everything.
We have no Democratic Party. Its financed by the same millionaires and billionaires as the Republicans.
So we have no representatives in Washington. Working people have no leverage whatsoever.
Im trying to write a novel about the end of the world. But the world is really ending! Its becoming more and more uninhabitable because of our addiction to oil.
Bush used that line recently, Vonnegut adds. I should sue him for plagiarism.
Things have gotten so bad, he says, people are in revolt again life itself.
Our economy has been making money, but all the money that should have gone into research and development has gone into executive compensation. If people insist on living as if theres no tomorrow, there really wont be one.
As the world is ending, Im always glad to be entertained for a few moments. The best way to do that is with music. You should practice once a night.
If you want really want to hurt your parents and dont want to be gay, go into the arts, he says.
Then he breaks into song, doing a passable, tender rendition of Stardust Memories.
By this time this packed hall has grown reverential. The sound system is appropriately tenuous. Straining to hear every word is both an effort and a meditation.
To hell with the advances in computers, he says after he finishes singing. YOU are supposed to advance and become, not the computers. Find out whats inside you. And dont kill anybody.
There are no factories any more. Where are the jobs supposed to come from? Theres nothing for people to do anymore. We need to ask the Seminoles: what the hell did you do? after the tribes traditional livelihood was taken away.
Answering questions written in by students, he explains the meaning of life. We should be kind to each other. Be civil. And appreciate the good moments by saying If this isnt nice, what is?
Youre awful cute he says to someone in the front row. He grins and looks around. If this isnt nice, what is?
Youre all perfectly safe, by the way. I took off my shoes at the airport. The terrorists hate the smell of feet.
We are here on Earth to fart around, he explains, and then embarks on a soliloquy about the joys of going to the store to buy an envelope. One talks to the people there, comments on the silly-looking dog, finds all sorts of adventures along the way.
As for being a midwesterner, he recalls his roots in nearby Indianapolis, a heartland town, the next one west of here. Im a fresh water person. When I swim in the ocean, I feel like Im swimming in chicken soup. Who wants to swim in flavored water?
A key to great writing, he adds, is to never use semi-colons. What are they good for? What are you supposed to do with them? Youre reading along, and then suddenly, there it is. What does it mean? All semi-colons do is suggest youve been to college.
Make sure, he adds, that your reader is having a good time. Get to the who, when, where, what right away, so the reader knows what is going on.
As for making money, war is a very profitable thing for a few people. Jesus used to be so merciful and loving of the poor. But now hes a Republican.
Our economy today is not capitalism. Its casino-ism. Thats all the stock market is about. Gambling.
Live one day at a time. Say if this isnt nice, I dont know what is!
You meet saints every where. They can be anywhere. They are people behaving decently in an indecent society.
Im going to sue the cigarette companies because they havent killed me, he says. His son lived out his dream to be a pilot and has spent his career flying for Continental. Now theyve screwed up his pension.
The greatest peace, Vonnegut wraps up, comes from the knowledge that I have enough. Joe Heller told me that.
I began writing because I found myself possessed. I looked at what I wrote and I said How the hell did I do that?
We may all be possessed. I hope so.
He accepts the students standing ovation with characteristic dignity and grace. Not a few tears flow from young people with the wisdom to appreciate what they are seeing. If this isnt nice, we dont know what is.
Not long ago we spoke on the phone. I asked Kurt how he was. Too fucking old, he replied.
Maybe so. But the mind and soul are still there, powerful and penetrating as ever. Just as theyll ever be in his books and stories and the precious records of his wonderful talks.
Thankfully, Kurt Vonnegut is still possessed by the genius of seeing and describing the world as only Kurt Vonnegut can.
He is still sharp and clear, full of love and life and light. May he be with us yet for a long long time to come.
Harvey Wasserman read CATS CRADLE, SIRENS OF TITAN and SLAUGHTERHOUSE FIVE in college, sought Boku-Maru, and has never been the same.
Copyright 2006 Free Press
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Reality TV contestant Samira Mighty has left Love island.
Samira has left the villa. Get the full story here: https://t.co/mfosfYtgaf #LoveIsland @itv2 pic.twitter.com/dN6Rf0BWTJ— Love Island (@LoveIsland) July 12, 2018
The star was left heartbroken during the week when her partner Frankie Foster was kicked off the show.
It seems the star has decided to follow her heart and leave the hit show to be with Foster.
Samira initially shared her thoughts with Dani, saying: "We've been here from the start and I finally got what I wanted and now I feel like I'm back at square one but worst. It's unfinished business."
Although Dani advised Samira to sleep on the idea of leaving she eventually decided it was time to leave the villa.
Be sure to tune in tonight at 9pm on 3e to see Samira's departure.


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Pouncer Edible Drone
It sounds ridiculous on the surface. But when you consider the difficulties in getting aid to those in hard-to-reach or disaster-struck places, the Pouncer Edible Drone makes far more sense. The proposed UAV would have a wingspan of nine feet, big enough to let the shell serve as shelter, the frame as fuel for a cooking fire, and the contents provide food and water for dozens of people. With the ability to land within a roughly 25-foot target and launch from over 20 miles away, it's a novel, potentially life-saving way to deliver aid.


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Social Engineering and Contracts
Social Engineering & Contracts Feb.2016 newsletter
February 2016 Newsletter
by N.P. James Insurance Agency •
Social Engineering and Contracts
Social Engineering and Contracts
Social Engineering & Contracts Feb.2016 newsletter
Wonderful to be able to brag about landing a contract with a mega multi-national. But don't forget to look at the cost of complying with your insurance provisions.
In this newsletter I am going to outline a few of the recent provisions we have recently seen.
Some of the more common areas to consider:
Now – some of the more difficult and costly areas in contract language:
November 2013 Newsletter
Case Study–Cyber Warfare & Trade Disruption
Case Study–Shark-Infested Cyberspace & Privacy Issues
Case Study – Considerations for Overseas Offices
Sprinkler testing alert
Trade Disruption Insurance
Privacy Statutes & Insurance
"Assets only" entity sales – how this affects ongoing risks
Aircraft-related product applications and coverage needs
Global coverage – needed when overseas revenues earned
Make full use of your agent and insurer in lean times
Nancy James Addresses Teen Drivers Panel
Reducing insurance costs in the current economy
Know what you are covered for – and what you're not!
Rental Car Contract changes you should know about
New April 1 "Open Competition" Auto Regulations
"What Hath Babbage Wrought Dept."
A regular column appearing in Modern Data magazine between 1970 and 1973, readers would send in amusing issues involving computers. I hope you are entertained by this brief trip down
memory lane.
Hot Topics
• Identity Theft
• Employees Renting Cars
• Families Excluding Drivers While Away at College
An annual comprehensive discussion of risk with the professional team – accountants, insurance providers and attorneys – can make a positive difference, both competitively and practically.
Problems Found and Their Solutions
A TIME TO WORRY. . . In This Issue
3 common technology conditions you may face
3 areas where your insurance may not cover you
[ 1. Off-Site Loss 2. Shock Loss 3. Shipping Loss ]
Hard Times F.A.Q.s Issue
You may have more than a theoretical interest in intellectual property, because you probably have one or more technology contracts addressing your IP obligations to a client, partner or vendor. How you handle these complex issues will separate you from your competitors; it may even determine your long-term solvency.
A scenario:
A technology company developing state-of-the-art products aggressively pursues a contract with a large corporation in need of those products and services. Negotiations begin, hurdles are passed and the relationship looks good.
Then it begins. The corporate department sends the contract with intimidating wording such as, "YourCo hereby indemnifies and holds harmless and agrees to defend BigUsCo for all claims, demands, charges, suits, proceedings, damages, direct or consequential … for any and all injury or damage … intellectual property infringement, including but not limited to trademark, copyright, patents, invasion of privacy, plagiarism, unfair competition."
Required limits of liability usually follow, with specifics of coverage and "additional insured" status requirements.
Indemnification is a term associated with a financial guarantee to provide legal defense for a claim. You should not under-take indemnification casually and without attempts to transfer the risk to your insurer. The general liability areas and even errors and omissions liability are more easily accommodated.
In addition, your Web site carries a number of intellectual property exposures, which many businesses have not previously encountered. Web sites are publications by any definition, and as a publisher you are exposed to claims of infringement.
Vastly more difficult are the intellectual property indemnification clauses of your contract.
First, some interesting statistics and facts from American International Group, one of the largest insurance providers:
The median costs through trial of intellectual property lawsuits increased dramatically in just four years. The results of 1995 and 1999 American Intellectual Property Law Association (AIPLA) surveys are in the chart below.
The best way to protect yourself is to contact a risk specialist who can approach insurers willing to look at your contract obligations. As you may know, insurers took an estimated $50 billion hit to a $300 billion industry due to Sept. 11. That, coupled with a 10-year soft market and investment income declines, have resulted in limited additional insurance capacity. Coverage once thrown in is now either not offered at all or offered at high rates.
Taking into consideration all of the above, it is important to review what coverage IP policies offer.
Following is typical coverage to look for in an infringement policy:
These facts and coverage information can help you measure your protection needs and requirements against contract obligations and risk transfer decisions. Don't get caught in a costly IP dispute.
|Costs of IP Lawsuits
|% increase
Hot Topics Issue
Four Lessons Learned
1. Keep property inventory lists, especially computer inventory and software licenses, off-site.
2. Be sure all the locations where you have property are listed on your insurance policy.
3. "Schedule" all mobile property for broader territorial coverage.
4. Agree with your insurer about loss valuation as part of your policy terms.
Best's Review-Property/Casualty Insurance Edition
by Nancy James
UNFOLDING before the insurance industry is an unforeseen marketing phenomenon as insurance companies finally bring workable agency computer products into the competitive systems market. Aetna's IBM Gemini system is the product of two industry giants and, in my opinion, is the first system to be worthy of a creditable mark in the open marketplace.
It is exactly the openness of that marketplace and the subsequent position of the independent system vendor which I address in a look at the short-term future of agency automation systems.
Aetna currently is offering the Gemini system to agents at discounted hardware costs, a particularly attractive offer in competitive terms, since Aetna is sustaining all development and software
costs. It is no news to the independent systems vendors that insurance companies have enormously greater resources for capital development expenditures than do the vendors, including the capacity to fund extensive product research and configuration costs. The question, then, is what market Position will be assumed by Aetna's system and by other similar systems as they are introduced to the industry. Will the final product be available at costs competitive with those of established vendors?
The most significant benefit Gemini and similar systems offer the parent insurance company is improved cash flow. As every agent who has learned to bill a binder knows, there is considerable profit potential in holding premium dollars in high-yield, short-term interest-bearing accounts while waiting for carriers to bill company accounts payable. The company position has been aggravated over the years by inefficiencies and delays in policy processing and subsequent agency billing. It is wholly a company problem, but one which the agent understands.
With company-sponsored computer systems available to the agents, the company accounts payable clock will start ticking as soon as the daily electronic transmission of new and renewal policy data is complete. This transmission will be made possible through an automated agency/company communications interface, which has been publicized to the agent as a great advantage for accelerated policy production. Agents who have made careful use of cash flow potential observe that the costs of the entire system-hardware, software, and possibly even R&D-can be recovered on a unit basis with the profit potential of a single year's cash flow. Increased cash flow from the second and subsequent years and from multiple systems, then, is profit.
That's just the start. An insurance company also can look to additional revenues from greater underwriting pro f its. Commercial Union discovered early in its agency systems research that profitable agents have a tendency to automate and, in fact, do automate. A very desirable book of underwriting business thus becomes available through an agent with whom an automation or interfacing link is established. If the original premise that profitable agents tend to automate holds true, and there seems no reason to doubt it, underwriting profits can be added to cash
flow profits to support near giveaway costs for computer systems.
In addition, agents in full interface mode will, in the future, completely replace company staff support needed for keyboard entry functions of policy and claim data. These costs, now duplicated by
agent and company as transactions move back and forth in the discrete, autonomous systems environments operating today, will have a single source: the agent's office. As a consequence, the company will be relieved of associated data entry costs. The result will be lower operating expenses and more profit potential.
Combine these with decreased communications transmission costs, and you find a significant potential for a dramatic decrease in the total operating expenses for writing business through automated sources. Sophisticated electronic satellite and earth station communications networks will be cost efficient in comparison with the expenses of surface postal delivery, while the time benefits of overnight agency / company communications offer attractive business incentives.
As Aetna and other industry giants offer their products, there seems to be a growing realization that companies can continue virtually to give their systems away and still realize enormous profits. It is a most extraordinary environment which could lead to this conclusion. In this environment, the independent vendor will be hard pressed to compete at all.
Independent agents, in searching for their own operational solutions, need to employ the same negotiating skills they apply in daily sales situations. There is no reason why agents, as well as the public, should not share the potential wealth with companies, both in reasonable commission levels and in lower premium cost to the consumer.
Best's Review-Property/Casualty Insurance Edition
An Interview with Nancy James
This month's technology section revolves around agents' investigation of the automated agency. In our lead article, Nancy James, an insurance broker and data processing consultant on insurance matters, raises some provocative issues in "A Critical Look at Agency/Company Interface. " Automation of insurance companies, she points out, has supported the way the industry does business with benefits of speed and economy, but has not done much to change the basic way in which the business functions.
But automation of the agency, she proposes, will disrupt significantly the traditional ways of doing business as multiple aspects of the agent/company relationship are brought within the scope of the computer, streamlining operations but also placing additional responsibilities upon the agent. In this climate of change, Ms. James urges, agents must assess carefully the impact of such developments on their own operations and on their relationships with insurers.
An accompanying article, "A Discussion of Agent Concerns, " reports on some of the issues discussed when Ms. James and John W. Folk, president of the Insurance Institute for Research (sponsor of a well publicized agency automation pilot project), both appeared as speakers before an audience of independent agents at on automation seminar sponsored by the Professional Insurance Agents of New England. Agents do have valid concerns about certain cost and responsibility factors, Mr. Folk agreed, but the competitive needs of the American Agency System for an industry wide network make it imperative that these issues be resolved without impeding the evolution of the automated agency and an interface system. Automation concerns per se, he cautioned, must not become intertwined
with those of extraneous issues.
Our final article reports the substance of a panel discussion, also part of PIA-NE's Agency Automation Fair. Eight agents, all owners of in-house computers, reported on their experiences as users,
The agencies represented cover a broad spectrum of lines of business, premium volume, and computer sophistication. One agency, for instance, commissioned custom software in the mid-1970s, before today's turnkey systems were available; another took the first step with the purchase of an Apple II just a year ago. Some agencies are fully automated; others have not gotten much beyond an accounting system to replace an outside service, Each agency purchased its system for somewhat different reasons and uses it in somewhat different ways. Their combined reports provide an intriguing
series of "snapshots" of the present state of agency automation and may encourage some agents who have not yet taken the plunge to explore the wide range of possibilities open to them.
ONE does not need a long memory or deep understanding of data processing to realize that many early expectations for the computer have been proven unrealistic. With greater numbers of agents expressing an interest in automation, as indicated by a number of recent surveys, a critical look is needed at what part each of the industry players will provide in the decision-making process. This article will examine how data processing supports the insurance industry agency system, where computer systems have fallen short of stated objectives, and what business concessions have and will be made to accommodate computing needs.
One must be cautious not to attribute independent capability to the "computer's contribution," for the computer is, after all, an inanimate object. First, let us summarize the position of the companies, which have longer experience with data processing support. Without oversimplification of the extent of development effort involved, it is evident that most insurance companies have
been utilizing data processing support for a significant number of years. Routine functions were automated first, then repetitious tasks. The efficiency of data entry input defined the progression of systems development which, in part, alleviated rapidly expanding paper flows and the resultant staffing burdens. Large centralized systems were developed which at least approximated the existent central files.
What is significant here is the mode and purpose of systems development; departures from business functioning which might have necessitated change in the basic product-underwriting-adjusting methods were not required. When such demands have been made upon the industry, they generally have not been attributed to data processing requirements. Business has gone on as usual according to the conditions of the time, but supported to an increasingly greater extent by computerized systems.
This seems not to be so when automation addresses the agent. An entire harmonious order of business support is upended with the introduction of a turnkey minicomputer. No area is left untouched as gravitational forces swiftly pull all facets of agency operations into the computer's sphere. More important than the influence upon mere operational changes within the agency are the business decisions forced by the need to communicate electronic data from the agent to the company.
It is this aspect which is subtly changing the traditional and fundamental business relationship between the company and the agent, and ultimately the consumer. There has always existed that
delicate balance between the interests and perspectives of the company and of the agent. An amiable adversary relationship has evolved wherein the company profits and the agent profits under differing conditions, each jurisdictionally both dependent and autonomous by supporting the consumer's needs and the company's interests in low-risk business. While agents seek reliable markets for the client's needs, company underwriters set a satisfactory price offer for acceptable risks. Losses are adjusted bY the best objective sources both have available.
what appears ominously on the horizon of the agent's future are increasing demands upon him not only to find and sell the account, but to underwrite the risk, fairly and competitively, and then to adjust losses. Although this may appear, and has been advertised as, a greater faith in "select" agents, I maintain that the companies have been forced to grant excessive underwriting latitude to agents to circumvent their own data processing shortcomings.
These shortcomings appear primarily in the area of agency/company communications, necessitating underwriting at the source of business. The network required to transmit an underwriting request for response within an acceptable time period is just not available, and attempts to construct workable networks during the last decade have not yet succeeded. The implications of these failures
(beyond the obvious lack of technical capabilities) have not been addressed and, indeed, may have deliberately been disguised.
Apologists for greater underwriting authority point to the example of large agency operations and posit the mistaken assumption that the small agent by virtue of success and profitability can assume the disproportionate autonomy required of large houses accustomed to underwriting and settling account claims. It poses, nonetheless, a conflict of interest when one agent (or office) Attempts to underwrite fairly in competitive conditions any particular key account, and can later be placed in the position of assessing a coinsurance requirement for loss adjustment.
Proponents argue that the system is self-policing, but implications of the consequences of such policing evoke pictures of expensively automated agencies with fully functional company interface programs being suddenly truncated for Poor underwriting averages and/ or higher than average loss payments. It is folly to wish additional risks of judgment on the "average" size agent while relieving the companies more and more of any risk. And that is precisely what will happen as more agents automate.
The continued development of data processing equipment, particularly in the minicomputer line, and expectations of substantial price reductions in the near future are opening the computer market door to virtually any size agency. It appears probable that within this decade most insurance agencies will own their own systems, or will be fully process-supported by an extensive policy writing/accounting service. Critical business decisions which will be made in these intervening years will decide the ultimate success of agency-company relations under these new conditions. Assessing the merits of these decisions is up to us.