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

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 the upcoming publication of their second report on reps and warranties insurance claims.   The report examines recent changes and developing coverage issues in the RWI market since their 2020 survey , and Lynda and Eric give listeners a sneak peek at their...

In this episode of "Don't Take No for an Answer," Lynda A. Bennett talks to Stacey C. Tyler , counsel in Lowenstein's Real Estate practice group, about some of the key insurance coverage issues that come up when a company wants to either lease or own property. Stacey notes that there is always room to negotiate the many kinds of insurance policies necessary for leasing or buying real property, fro...

Lynda A. Bennett talks with Matt Kerman, Broker with ARC Excess & Surplus, about coverage emergencies, and how to streamline the process of securing coverage "while the fire alarms are ringing and smoke is filling the room." They discuss why a policy might not be renewed, and how to find alternate insurer options post haste, as well as the importance of warranty letters, replacement "go forward" c...

Hosts Lynda Bennett and Eric Jesse explain why it's a mistake to assume that there is no insurance coverage for intentional conduct, and discuss possible ways to find coverage for these kinds of claims. Emphasizing— as always— the importance of the explicit wording of each policy, our hosts discuss D&O policies that do cover defense costs and settlements for intentional conduct and commercial gene...

In this episode, Lynda A. Bennett and Eric Jesse examine the topic of warranty letters, through which insurers seek an affirmative representation that the insured is not aware of facts or circumstances that may reasonably give rise to a claim.   Lynda and Eric discuss how they differ from insurance policy applications and no claim declarations, why it is so important to review them carefully befor...

Lynda A. Bennett and Eric Jesse continue their discussion with Michael Wakefield from CAC Specialty about MGUs and MGAs in the context of reps and warranties insurance. They address how MGU/MGA-negotiated policies can be insured by multiple insurers that share a percentage of the policy limit, plus the role of the MGU or MGA in the claim process, what incentivizes these entities to be effective ad...

In today's episode, Lynda Bennett is joined by Eric Jesse , Partner in Lowenstein's  Insurance Recovery Group , and Michael Wakefield, Transactional Insurance Practice Leader from CAC Specialty to explore the differences between traditional insurers that issue rep and warranty policies and other types of transactional risk policies, and MGUs and MGAs, otherwise known as managing general underwrite...

In this special episode of "Don't Take No For An Answer," host Lynda A. Bennett examines key developments in the insurance world that this podcast has covered in the past year, including volatility in the D&O and cyber markets due to economic and regulatory uncertainty in the U.S. and around the world; the rise and fall of SPACs, and the impact of ESG demands by insurers. We invite you to listen t...

Partners Lynda A. Bennett and Eric Jesse of Lowenstein's Insurance Recovery Group continue their discussion about litigating coverage claims, explaining the challenges of pursuing discovery with insurers, complying with their discovery demands while preserving privilege, identifying the proper individual to depose, and how to handle expert testimony. They also address what to do when a party is ac...

Lynda A. Bennett and Eric Jesse the step-by-step approaches for policyholders to not take no for an answer when an insurer denies coverage for a claim. Should a policyholder race to the courthouse when coverage is denied, or does it make sense to try to negotiate a resolution pre-litigation? And when litigation is necessary to secure coverage, Lynda and Eric explain what policyholders should consi...

Lynda A. Bennett and Eric Jesse discuss insurer-imposed "litigation guidelines" that can handcuff defense counsel's ability to vigorously defend a lawsuit, but that insurance companies see as a "cost saving" mechanism. Often employing a one-size fits all approach for different types of lawsuits, these "guidelines" are not requirements and can actually be negotiated: they are not actual terms or co...

Lynda A. Bennett , chair of Lowenstein's Insurance Recovery practice , continues her conversation with David Anderson, partner and head of Cyber at McGill and Partners, about changes to the London Market's cyber insurance policy form that significantly expands the scope of its war exclusion by including not only formal declarations of war, but also nation state-backed cyber-attacks. Lynda and Davi...

Lloyd's of London's new requirement that all insurers issuing standalone cyber coverage exclude liability for any state backed cyber-attacks could present a systemic risk to the insurance market, raising questions of coverage in the event of a catastrophic event such as a cyber-attack between Russia and the U.S. Lynda A. Bennett , and her guest David Anderson CIPP/US, Partner explore options for o...

In this episode of "Don't Take No for an Answer," Lynda A. Bennett talks with Justin Berutich and Yoav J. Shans about why more companies don't take advantage of tax liability insurance, how tax products may be used as an insurance solution for many transactions even beyond M&A, how the underwriting process works, and the costs associated with buying a tax insurance product. Speakers: Lynda A. Benn...

What should a policyholder do if its insurance company refuses to pay all or most of a settlement offer made during mediation? Lynda A. Bennett and Eric Jesse outline the options, from the less-than-ideal approach of walking away, to asking for a waiver of 'the consent to settle' provision. They also emphasize the importance of coverage counsel in instances where it is necessary to enforce specifi...

Michael D. Lichtenstein and Andrew Reidy of Lowenstein's  Insurance Recovery Group speak with partner Mark Schamel   and associate Christopher Schafbuch , of the firm's White Collar Criminal Defense practice, about what constitutes a claim under directors and officers' (D&O) insurance. Is there coverage for subpoenas, investigative demands by the government, or a search warrant? It is all in the w...

In this episode of "Don't Take No for an Answer," hosts Lynda A. Bennett and Michael Lichtenstein of Lowenstein's Insurance Recovery Group provide recommendations for preparing corporate insurance policies for the next hurricane, tornado, or other natural disaster. They discuss the importance of reviewing your sublimits annually, as well as named perils, business interruption coverage, and proof o...

Every company must go through the annual ritual of assessing their insurance renewals: when should you start these discussions,  and when should you consider changing carriers?  Host Lynda A. Bennett talks with Joseph Saka , Senior Counsel in Lowenstein's Insurance Recovery Group, and Jennifer Sylvester , Regional Leader, Financial Institutions and  First Vice President of Crystal Financial Instit...

Host Michael D. Lichtenstein , partner in Lowenstein's Insurance Recovery Group, talks with Laura Heidt of Brownell Travel about the rising popularity of travel insurance, especially since COVID. How much might you expect to pay for travel insurance, what will it cover, and when it is important to consult an insurance expert before traveling? Speakers: Michael D. Lichtenstein , Partner, Insurance...

In today's episode, host Lynda A. Bennett and her guests examine the evolving standards for corporate ESG (environmental, social, and governance) initiatives and the impact on corporate insurance. Their discussion addresses topics including: Do adequate metrics exist to measure ESG performance and risk? Is good faith compliance enough to bar liability claims? How are government regulators and the...

  Host Lynda A. Bennett speaks with Brian Della Torre , Senior Project Manager at Insurance Archaeology Group, on how one grows up to become an insurance archeologist, and how missing policy information can actually be unearthed even decades after an insurance policy has expired.  Brian shares a few of his greatest successes and the types of claims where his super sleuth skills are most valuable i...

On this episode of "Don't Take No for an Answer," host Lynda A. Bennett talks to Bill Denver , Special Counsel in Lowenstein's Insurance Recovery Group, about how companies can secure coverage for long tail liabilities even when they do not have copies of the insurance policies that were issued decades ago to cover those damages and losses.  The duo discuss how to uncover these ancient, occurrence...

In this episode of "Don't Take No for an Answer," Robert DiRico , National Cyber Liability Practice Leader at ARC Excess & Surplus, LLC, and  Shiraz Saeed , Vice President and Cyber Risk Product Leader at Arch Insurance Group, continue their talk with host Lynda A. Bennett about underwriting cybersecurity insurance policies in today's current environment, with a focus on operational technology and...

Host Lynda A. Bennett is joined by Robert DiRico , National Cyber Liability Practice Leader at ARC Excess & Surplus, LLC, and Shiraz Saeed , Vice President and Cyber Risk Product Leader at Arch Insurance Group, for a deep dive discussion about underwriting cyber insurance policies in the current market, where the dramatic rise in ransomware claims has led to massive premium increases and retention...

Lynda A. Bennett  continues her conversation with Capital Markets & Securities partner  Jared Kelly and Yelena Dunaevsky, Esq., Vice President, Transactional Insurance at Woodruff Sawyer, about SPACs, deSPACs, the SEC's new rules on visibility and disclosure, and the possible impact of extending underwriter liability. Speakers: Lynda A. Bennett , Partner; Chair, Insurance Recovery Group Jared Kell...