In this episode of "Don't Take No For An Answer," hosts Lynda A. Bennett and Eric Jesse discuss how the current claims environment is taking a toll on policyholders as insurance claims take years to resolve and insurers deny or limit coverage for clearly covered claims. Our hosts theorize causes for the increasing challenges in the claims environment in recent years, suggest industry reforms, and offer advice to policyholders seeking coverage.

Speakers:

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

In this special crossover episode of “Terra Firma: Conversations on Commercial Real Estate” and “Don't Take No for an Answer,” Lowenstein’s Stacey C. Tyler and Heather Weaver speak with Brad Dubler, Managing Partner and Executive Vice President of SterlingRisk Insurance, about the latest developments in business interruption insurance, which continues to become increasingly important for businesses, landlords, and tenants alike. The conversation covers the scope and limitations of traditional business interruption insurance, new legislation that allows insurance companies to issue standalone business interruption insurance policies without a physical loss or damage requirement, and the types of policyholders that have the most to gain from this expanded form of authorized coverage.

Speakers:

Stacey C. Tyler, Senior Counsel, Real Estate
Heather Weaver, Counsel, Insurance Recovery
Brad Dubler, Managing Partner and Executive Vice President, SterlingRisk

In this episode, Lynda A. Bennett continues her conversation with Matt Sabino and John McKenna, managing partners at ARC Excess and Surplus; Justin Kudler, senior vice president and senior claims counsel for ARC Excess and Surplus; and Scott H. Moss, Co-chair of Lowenstein’s Investment Management Group, about the new regulatory environment in the second Trump Presidency and how the D&O insurance market is reacting. The panel discusses risks and concerns from an underwriter and policyholder standpoint; they also assess the state of existing regulatory claims, the potential change in risk profile that may impact future claims, and the prospective decrease in regulatory claims.

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Scott H. Moss, Partner and Co-chair, Investment Management Group
Matthew Sabino, Managing Partner, ARC Excess & Surplus
John McKenna Jr., Managing Partner, ARC Excess & Surplus
Justin Kudler, Senior Vice President/Senior Claims Counsel, ARC Excess & Surplus

In the first of two episodes, Lynda A. Bennett talks with Matt Sabino and John McKenna, managing partners at ARC Excess and Surplus; Justin Kudler, senior vice president and senior claims counsel for ARC Excess and Surplus, and Scott H. Moss, co-chair of Lowenstein’s Investment Management Group, about the new regulatory environment in the second Trump Presidency and how the D&O insurance market is reacting. In episode one, the panel discusses anticipated risk changes for financial line companies and how they will intersect with premium pricing, underwriting processes and policy terms and conditions. The guests discuss how fund managers may be less of a focus for regulatory enforcement, how the underwriting industry handles the back-and-forth of federal policies over time, and the impact of Trumps initial policy initiatives.

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Scott H. Moss, Partner and Co-chair, Investment Management Group
Matthew Sabino, Managing Partner, ARC Excess & Surplus
John McKenna Jr., Managing Partner, ARC Excess & Surplus
Justin Kudler, Senior Vice President/Senior Claims Counsel, ARC Excess & Surplus

Host Lynda A. Bennett, chair of the Insurance Recovery Practice at Lowenstein Sandler, introduces the100th episode of Don't Take No For An Answer. Since its launch, the podcast has interviewed guests from all corners of the insurance ecosystem to offer market insights, different perspectives, and practical tips to understand how insurance works and how to maximize recovery when claims are presented. Lynda describes the feedback from listeners, including clients, competitors, and adversaries across the country; she also lists the topics that sparked special interest, such as D&O risks, how to implement better risk management hygiene, and the intersection of insurance and bankruptcy. In case you missed any, just click on the links below to listen again!

• Finding the Right Fit: The Duty to Defend vs. the Duty to Reimburse (Part II)
• Insurance Needs in the Biden Administration
• Protecting Against Environmental Risks
• Reps & Warranties Insurance: Sealing The Deal
• The ABCs of D&O Insurance
• The Brave New Frontier of Securing D&O Insurance for SPACs and deSPACs
• The Intersection of Insurance and Bankruptcy – Part 1
• The Intersection of Insurance and Bankruptcy – Part 2
• Wait, that’s covered? Insurability of Fines and Penalties Flowing From a Cybersecurity Breach
• Wearing Multiple Hats: Making Sure You Are Covered in All Capacities

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery

Lynda A. Bennett, Heather Weaver, and Josh Weisberg of SterlingRisk continue their year-end conversation about what changed in the insurance recovery space in 2024 and what to expect in 2025. Lynda, Heather, and Josh anticipate rate relief and broader coverage in cyber insurance, provided that companies can show that they have good risk control measures in place. They also expect this year’s Crowdstrike event to affect the availability of contingent business income coverage, high jury verdicts in personal injury cases to result in continued rate pressures and potentially more restrictive coverage in the excess casualty insurance market, and the new administration in Washington, DC, to have an impact on the insurance space generally.

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Heather Weaver, Counsel, Insurance Recovery
Josh Weisberg, Chief Risk Officer, SterlingRisk

In this episode of “Don’t Take No for An Answer,” Lynda A. Bennett, Chair of Lowenstein’s Insurance Recovery Group, joins Lowenstein’s Heather Weaver and Josh Weisberg, Chief Risk Officer at SterlingRisk to recap changes in the insurance industry over the past year, particularly in the property and casualty sectors. They discuss areas in which insurance companies are increasingly looking to restrict coverage so businesses know what to look out for during the renewal process, and they share some steps that businesses can and should take internally to make sure that they're presenting themselves as an attractive risk as they go through the underwriting process. Lynda, Heather, and Josh also address extreme weather, drones, and AI, and emphasize the importance of preparedness while navigating events that are out of one’s control.

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Heather Weaver, Counsel, Insurance Recovery
Josh Weisberg, Chief Risk Officer, SterlingRisk

In this episode of “Don’t Take No for An Answer,” Eric Jesse, partner in Lowenstein Sandler’s Insurance Recovery Group, is joined by Alexander B. Corson to discuss bad faith in insurance claims. Highlighting a recent example of a case involving Rockefeller University, Eric and Alex explain how breach of contract claims are different from bad faith claims, why choice of law matters, and how policyholders can protect themselves against insurers who sit on their hands.

Speakers:

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