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

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