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

Today on "Don't Take No For An Answer," host Lynda A. Bennett is joined by Alexander B. Corson for a discussion about priority of coverage, or who pays what when there are numerous claims, parties, and policies at play. As always, Lowenstein's Insurance Recovery lawyers reinforce the bedrock insurance principle that the words matter when determining the scope of coverage responsibilities. Through...

In this episode of " Don't Take No for an Answer ," host Eric Jesse is joined by Jeff Rubocki, senior managing director of the Private Equity practice at Risk Strategies, to predict what the rest of 2024 may hold from a reps and warranties insurance perspective. They address what changes to expect as deal flow begins to resume, pro tips for M&A and PE buyers, and how R&W insurers have adapted to t...

In this episode, host Lynda A. Bennett is joined by Robert D. Crocitto , President at ARC Excess & Surplus, and Lynn C. Mirabella , Broker at ARC, for a discussion on the dynamics of the Directors and Officers (D&O) insurance market, in which they explore the rollercoaster ride experienced by policyholders over the past four years, particularly during the challenging COVID period. They share valua...

Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in  Pharmacia Corporation v. Arch Specialty Insurance Company , where an eighth-level excess insurer leveraged a hyper-technical condition to avoid coverage even though each and every underlying insurer had actually paid its full policy limit. They outline...

Host Lynda A. Bennett , Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson , Michael A. Kaplan , and   Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation, taking a deep dive into what to do when a company is subject to a mass arbitration demand, or when a company has been asked to head off to a mass mediation. The panel em...

Host Lynda A. Bennett is joined by Freda L. Wolfson , former Chief Judge of the United States District Court for the District of New Jersey and Chair of Lowenstein's Alternative Dispute Resolution group; Michael A. Kaplan , partner in Lowenstein's White Collar Criminal Defense group, and Ruth Fong Zimmerman , an associate in the Litigation Department, to talk about the emergence of mass arbitratio...

In 2024's first episode of "Don't Take No for an Answer," hosts Lynda A. Bennett and Eric Jesse discuss some achievable New Year's resolutions that may help listeners improve their risk management hygiene, including best practices that policy holders should follow to secure the best terms and conditions in their insurance policies. Recommendations include making sure you can locate and are thoroug...

On the last " Don't Take No For an Answer " podcast of 2023, Lynda Bennett , Chair of the Insurance Recovery practice at Lowenstein Sandler, looks back on some of the series' most popular topics, such as difference between the duty to defend and the duty to reimburse ;  a day in the life of an insurance broker when the building is on fire ; and avoiding the bait and switch . 2023 generally reveale...

In this episode of " Don't Take No For an Answer ," hosts Lynda A. Bennett and Eric Jesse , partners in Lowenstein Sandler's Insurance Recovery Group , dis cuss an insurance coverage issue stemming from the U.S. Supreme Court case involving Harvard University's affirmative action program. After Harvard and/or its broker failed to notify an excess insurer of the affirmative action lawsuit, and afte...

Today on "Don't Take No for An Answer," Eric Jesse and Heather Weaver of Lowenstein Sandler's Insurance Recovery Group continue their discussion about the property and casualty insurance market. With guests Josh Weisberg, Chief Risk Officer at SterlingRisk, and Brad Barron, partner and managing Deputy General Counsel at Conner Strong & Buckelew, Eric and Heather explore how insurers are reacting t...

Today, Eric Jesse and Heather Weaver of Lowenstein Sandler's Insurance Recovery Group sit down with executives from two major insurance brokerage firms: Josh Weisberg, Chief Risk Officer at SterlingRisk, and Brad Barron, partner and managing Deputy General Counsel at Conner Strong & Buckelew, to discuss recent developments in the property and casualty insurance market, including the current state...

On this episode of Don't Take No for An Answer , host, Lynda A. Bennett , Partner and Chair of Lowenstein's Insurance Recovery Group, is joined by David Anderson , Vice President, Cyber Liability at Woodruff Sawyer, and Heather Weaver , Counsel in Lowenstein's Insurance Recovery Group, to take a deeper dive into insurance coverage for claims arising from tracking tools. They examine the different...

In this episode of "Don't Take No for an Answer," host Lynda A. Bennett is joined by David Anderson, Vice President of Cyber at Woodruff Sawyer, and Heather Weaver, counsel in Lowenstein's Insurance Recovery Group, to discuss the recent surge of litigation related to pixel and other tracking tools, including billion-dollar exposures in the technology and healthcare sectors. How are these claims im...

On this episode of "Don't Take No for an Answer," Lynda A. Bennett and Eric Jesse explain the policy procurement process, highlighting a disturbing trend they have observed lately where insurers attempt to rescind policies after a claim is made against their insureds! The hosts talk about the rights and remedies that policyholders have when their insurer tries to declare their policy null and void...

Despite the popularity of reps and warranties insurance (RWI), many common misconceptions about this insurance product still exist. For example, while it's often believed that RWI is too expensive or unsuitable for a specific type of deal, it is actually quite versatile and pricing today is competitive. The area where RWI insurers have some real work to do is on claim payments where perception is...

In today's episode, hosts Lynda A. Bennett and Eric Jesse break down who's who in the insurance industry: the insurance companies, the brokers, the agents, and, of course, the policyholders. They explain why it is necessary to consider the reputation of your insurance company, as well as its financial strength; the difference between a traditional insurer, managing general underwriters, and non-ad...

Today on Don't Take No for an Answer , Lynda A. Bennett and Eric Jesse discuss the stealth disappearance of social engineering and fraudulent instruction coverage, and what you can do to make sure you have insurance coverage for online scams. A fidelity bond policy and standalone cyber policies are supposed to cover the situation of an employee being duped, but as scams increase, insurance compani...

Today on the podcast, host Eric Jesse talks to Alex Corson about the life of a policyholder lawyer, what does it take to do battle with an insurance company, and how one decides to become an insurance recovery attorney. The two lawyers address the importance of being detail-oriented, creative, and strategic, and how the practice of insurance recovery law has infinite applications. Speakers: Eric J...

Today on Don't Take No for an Answer , Lynda A. Bennett and Eric Jesse discuss what happens under D&O policies when an executive wears multiple hats—or, as it's known in the insurance industry— acts in more than one capacity, as often happens when a private equity fund places one of their representatives on the board of a portfolio company. What's the definition of a wrongful act, and what's the d...

In this episode, the hosts explain waivers of insurers' subrogation rights: what are they, what are the risks, who is bound by them, and how to obtain a waiver from an insurance company. They also discuss specific examples in industries such as construction and cybersecurity.  Speakers: Lynda A. Bennett , Partner and Chair, Insurance Recovery Eric Jesse , Partner, Insurance Recovery

Hosts Lynda Bennett and Eric Jesse build on their recent discussion with Lowenstein M&A Chair and Transactions & Advisory Group co-Chair Marita Makinen about the current state of play in the M&A and private equity space. The co-hosts consider emerging RWI trends and lessons learned from the fast paced deal flow activity of the past several years and the RWI claims that followed. They analyze Makin...

In today's episode of Don't Take No For An Answer, hosts Lynda Bennett and Eric Jesse are joined by Marita Makinen , Partner and Chair of Lowenstein's Mergers & Acquisitions group and Co-chair of its Transactions & Advisory Group, to talk about the intersection of the M&A transactions, private equity deals, and the reps and warranty policies that insure them. The trio explore current instabilities...

Hosts Lynda A. Bennett and Eric Jesse of Lowenstein's Insurance Recovery Group continue their discussion about the difference between the duty to defend, the duty to reimburse, and the duty to advance. They run through the steps of a typical case involving these issues, addressing how to negotiate the allocation of costs, and the importance of securing an insurer's immediate defense in the event o...

In this episode of "Don't Take No for an Answer," hosts Lynda A. Bennett and Eric Jesse of Lowenstein's Insurance Recovery Group discuss the difference between a duty to defend versus a duty to reimburse. They explain why policyholders may intentionally choose one option over the other, what each option covers, and how much say in choice of counsel and legal strategy a policyholder maintains under...

Today on "Don't Take No for an Answer," co-hosts  Lynda A. Bennett  and  Eric Jesse  of the  Insurance Recovery Group at Lowenstein Sandler discuss how to deal with excess insurers who refuse to follow a primary insurer's acknowledgement of coverage. They provide an overview of excess insurance policies, explain how "follow form" excess coverage is designed to work, and what policyholders can do t...