Lowenstein Sandler's Insurance Recovery Podcast: Don't Take No For An Answer

In this episode of Don't Take No For An Answer , host Eric Jesse sits down with Matthew Kerman , a broker at ARC Excess & Surplus, to discuss the current state and trends on directors and officers (D&O) insurance. Kerman notes that D&O insurance is moving into a more balanced, softening environment. The conversation addresses new capacity in the D&O liability marketplace, increased competition amo...

As 2025 comes to a close, Lynda A. Bennett recaps the year through the lens of Don't Take No for an Answer episodes, noting milestone viewership, recurring trends, and what's next for the podcast in 2026. Bennett highlights leverage as a key theme across almost all of the year's episodes, emphasizing the importance of documentation and preparedness to policyholders. Don't Take No for an Answer is...

In this episode of Don't Take No For an Answer, partner Jeremy M. King and Sandra Halbing cover how employer transparency statutes are impacting the employment risk landscape. The statutes require employers to disclose pay ranges and benefits in job postings, putting employers at risk of substantial legal damages if they fail to comply.   King and Halbing discuss how employment practices liability...

In this episode of Don't Take No For An Answer, new Lowenstein partner Jeremy M. King joins host Lynda A. Bennett to discuss AI cybersecurity risks and how to insure them. They discuss the plethora of security risks associated with AI usage and the urgency for organizations to review their insurance policy language before a claim is presented to avoid surprises later. King and Bennett encourage li...

In this episode of "Don't Take No For An Answer," Jennifer Fiorica Delgado , partner in Lowenstein's Business Litigation group, joins host Heather Weaver for a deep dive into how commercial litigators can turn insurance into a powerful tool in their litigation strategy. The discussion explores practical, high impact tactics—from identifying the applicable policies and satisfying notice requirement...

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...

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 Je...

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 indemni...

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, an...

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 busin...

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 insuranc...

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 i...

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 presen...

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 Cr...

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 rest...

  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 poli...

On this episode of "Don't Take No for An Answer," Lynda A. Bennett , Chair of Lowenstein's Insurance Recovery Group, speaks with David Anderson, Vice President of Cyber at Woodruff Sawyer, about the difference between operational technology (OT) and informational technology (IT). They discuss how system failures or cyber-attacks on a company's OT system may not only give rise to risks to data secu...

Today on Don't Take No For An Answer , Lynda A. Bennett and Alexander B. Corson discuss a recent Second Circuit decision that reinforces the importance of reading claims-made policies carefully.  The case involves Tinder, the online dating service provider , which received notice of a lawsuit on Wednesday but did not provide notice to their insurer until Monday .   The insurer denied coverage on t...

Today on "Don't Take No for an Answer," Eric Jesse and Alexander B. Corson discuss Aearo Technologies v. ACE American , in which a Delaware court held 3M could not credit $372 million it paid in defense costs against self-insured retentions in legacy CGL policies issued to its subsidiary, Aero Technologies, before its aquisition. The hosts discuss the implications of non-market language included i...

In this episode of "Don't Take No for an Answer," Lynda A. Bennett and Alexander B. Corson of Lowenstein's Insurance Recovery Group examine a recent California Appellate Court decision that underscores the necessity of negotiating seamless and consistent insurance policies across all coverage lines, highlighting the implications of poorly defined terms and the critical importance of broad notice t...

Today on "Don't Take No for an Answer," hosts Lynda A, Bennett and Eric Jesse discuss what they see as an increase in insurers acting in bad faith trying to avoid their coverage obligations, with more roadblocks, more requests for perfect information, and more entrenched positions than ever before, and insurers trying to abandon their insureds even when there is a meaningful settlement opportunity...

Today, Lynda A. Bennett and Heather Weaver of Lowenstein's Insurance Recovery Group sit down with Yelena Dunaevsky , Senior Vice President, Transactional Insurance, at Woodruff Sawyer to talk about the current state of SPAC related litigation and its impact on the insurance market. After a SPAC frenzy in 2020 which then slowed by 2022, SPACs appear to be popular again; Dunaevsky says these transac...

Today , hosts Lynda A. Bennett and Eric Jesse discuss a recent decision that addresses broker malpractice – a common claim for policyholders to pursue after learning insurance protection is unavailable or insufficient to cover claim. Although the Lowenstein partners call the opinion a situation where "bad facts making bad law," they do advise policyholders to take away certain key lessons, includi...

In this episode of "Don't Take No for an Answer,"  Lynda A. Bennett and Alexander B. Corson explore the complex issue of "allocation" in the context of defense costs in insurance claims.   They discuss what steps to take when insurers attempt to shift part of their coverage obligations onto policyholders in a reservation of rights (ROR) letter, the common law approach to allocation, and the implic...

On this episode of " Don't Take No For an Answer ," host Eric Jesse   speaks with Mike Richmond, executive vice president and shareholder at the Horton Group, about the ABCs of D&O insurance, including the three fundamental coverages under a typical D&O policy. They dive into the subjects of sublimits on such items as derivative investigations, public relations and crisis management; what types of...