In this episode of Don't Take No For an Answer, Eric Jesse and Alexander B. Corson review an update in the 3M self-insured retention decision after the Delaware Supreme Court closely ruled in favor of the insurer. The majority ruling enforced unusual language in a legacy CGL policy despite the dissent's view that the ruling elevated form over substance. Jesse and Corson advise policyholders to pay close attention to policy language and to be on the lookout for traps, even those that seem like a "pointless formality."

Listen to the previous episode on this matter here.

Speakers:

Eric Jesse, Partner, Insurance Recovery
Alexander B. Corson, Associate, Insurance Recovery

In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift New York law in favor of policyholders by lowering the bar for policyholders to bring bad faith claims and holding insurers to higher accountability standards. Bennett and Jesse advise policyholders to document all communication with their insurers to establish a strong record of bad faith in these complex cases.

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Eric Jesse, Partner, Insurance Recovery

In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, partner at Reichardt Noce and Young, to discuss an insurer's duty to indemnify, a lesser discussed but equally important coverage obligation as the duty to defend. The conversation notes key differences between the insurer's duty to indemnify and duty to defend, emerging approaches that courts have adopted to determine whether an insurer must pay in whole or in part for a judgment entered against or settlement reached with its insured, and ways insurers and policyholders can work together to encourage settlement of a lawsuit with duty to indemnify strategies and considerations.

Speakers:

Eric Jesse, Partner, Insurance Recovery
Heather Weaver, Counsel, Insurance Recovery
Michael Young, Partner, Reichardt Noce & Young LLC