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 Lynda A. Bennett is joined by Lowenstein Capital Markets & Securities partner Jared Kelly and Yelena Dunaevsky, Esq., Vice President, Transactional Insurance at Woodruff Sawyer, to discusses the SPACs and deSPAC markets. After a meteoric rise in these transactions in 2020 and 2021, the trio explores whether the markets will remain cooled or su...

In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to "seal the deal." They debate the pros and cons of addressing non-financial terms of the settlement, such as the scope of the release, indemnification, and subrogation, before or after reaching agreement on the dollar value; and they share war stories about what can happen before the...

In part three of our mediation series,  Lynda A. Bennett  continues the conversation about how to engage in a mediation that leads to a successful outcome with Insurance Recovery  Group senior counsel  Joseph M. Saka , Adena Edwards from Starr Adjustment Services, Inc. and Larry Pollack, mediator and arbitrator at JAMS.  In this episode, they discuss how to break through log jams, using midpoints...

In part two of our mediation series, Lynda and Insurance Recovery Group Senior Counsel Joe Saka are joined by Adena Edwards from Starr Adjustment Services, Inc. and Larry Pollack, Mediator and Arbitrator at JAMS, to explore how to engage in a mediation that leads to a successful outcome. Sharing viewpoints from policyholder, insurer, and mediator perspectives, the group discusses the right time to...

Mediation is being used with increased frequency to resolve complex insurance coverage disputes between policyholders and insurers. As this trend continues, "Don't Take No For An Answer" takes a deep dive into the mediation process.  In part 1 of a new series, Lowenstein Sandler Insurance Recovery lawyers Lynda Bennett , Andrew Reidy , and Joseph Saka discuss the nuts and bolts of how policyholder...

As policyholders embark on the upcoming renewal season for 2022, are they in for another wild ride in terms of premium increases, large self-insured retentions, and restrictive terms or have the waters calmed? Joined by ARC Excess & Surplus, LLC colleagues, Rob Crocitto, Chief Sales Officer, and Janet Dreifuss, Associate General Counsel and Senior Claims Counsel, Lynda discusses the trends in the...

Despite the great strides companies have made to mitigate the risks associated with security breaches, including putting insurance in place to cover those risks, cyber criminals have remained two steps ahead, finding new and innovative ways to override state-of-the-art security and cause destruction. In today's episode, Lynda , joined by Mary J. Hildebrand CIPP/US/E , Founder and Chair of Lowenste...

Lynda , joined by Douglas Worth, SVP, Regional Claims Leader at Willis Towers Watson, and Eric Jesse , Partner in the Insurance Recovery Group, start off the new year taking a deep dive into the practical elements of the representations and warranties insurance (RWI) claims process. The trio explores the RWI market and shares practical tips policyholders can employ to foster a smooth claim adjustm...

For our last episode of 2021, Lynda , joined by Insurance Recovery Group attorneys Eric Jesse and Joseph Saka , close out the year with a BANG! …a year in review of the COVID-related coverage rollercoaster policyholders have been facing across the nation. The trio cover how COVID has intersected with various coverage lines over the past two years, assess where business interruption and property da...

Although more than half of the nation has legalized cannabis for medical and/or adult recreational use, many cannabis businesses struggle in securing the essential insurance they need to operate due to the state of the cannabis industry and cannabis laws on both federal and state levels. In today's episode, Michael , joined by Peter Slocum , a partner in the firm's White Collar Criminal Defense Gr...

As recent claims against Facebook CEO Mark Zuckerberg in relation to the Cambridge Analytica data-mining scandal continue to develop, Lynda, joined by Lowenstein attorneys Kathleen McGee, Partner in the firm's White Collar Criminal Defense and The Tech Group practice groups, and Joseph Saka, Senior Counsel in the firm's Insurance Recovery Group, as well as Garrett Droege, Director of Innovation +...

Exploring the very interesting and topical area of additional insured (AI) coverage and contractual risk transfer, Lynda and Michael discuss what it means to be an AI, how to secure AI status on another company's insurance policy, and the various types of endorsements that are used to provide AI coverage. In this episode, the duo identify the risks and values associated with securing or providing...

The relationship between insurers and policyholders isn't always adversarial. In today's episode, Michael Lichtenstein, joined by Tosh Siao, SVP of Willis Towers Watson, discuss certain services many insurance companies offer to policyholders, with no additional premium, that can help them save costs in various areas such as operations, legal, and expenses. As an added bonus, they touch on the har...

With insurance policies being governed by state law, and interpretation varying from state to state, where your lawsuit is venued matters. There is a cyclical history of insurers and policyholders strategically filing suits in jurisdictions they believe will be most advantageous for the cases. Since the onset of COVID-19, there has been a sharp uptick in the number of pre-emptive lawsuits filed by...

In the defense of a claim, the relationship between the policyholder, the insurer, and the defense counsel, also known as the tri-partite relationship, is important. Though each party's approach to settling a claim may be different, their working relationship doesn't have to be difficult. In today's episode, Lynda, joined by Loren Pierce, partner at Bressler, Amery & Ross, P.C., and Tom Quinn, par...

To the dismay of many corporate policyholders, when Mother Nature strikes, leaving significant property damage and business interruption in her wake, insurers aren't always willing to save the day. Insurers like to collect premiums for first-party property polices, but they do not like to pay full value once a claim is presented. In today's episode, Lynda, joined by Eric Jesse, partner in the Insu...

Although the time may be right to settle that underlying action, issues can arise when your insurer is not on the same page, especially if the insurer has agreed to defend the claim subject to a reservation of rights on indemnity. In today's episode, Lynda and Michael analyze various claim scenarios to provide insights on how to bring the insurer to the settlement table and strategies for settling...

In the wake of the COVID-19 pandemic, litigators were forced to pivot their practice and adapt to virtual technology to continue pursuit of their matters. Analyzing the benefits and drawbacks to this new virtual world, today, Lynda , joined by Michael Kaplan , Partner in Lowenstein's Litigation Department, and Robin Goldfischer, SVP and GC at the Valley Hospital, share insights on what should stay...

Continuing the discussion about representations and warranties insurance (RWI) from last week's episode , Lynda, joined by Eric Jesse, Partner in Lowenstein's Insurance Recovery Group, and Emily Maier, Senior Vice President and National Group Leader of the M&A Insurance Practice at Woodruff Sawyer, discuss the most important aspect of RWI policies–getting claims paid. Sharing lessons learned from...

Popular in the M&A world, representations and warranties insurance (RWI), is now more than just a way for buyers to stand out in an auction process, but a requirement to stay competitive within it. In today's episode, Lynda is joined by Eric Jesse, Partner in Lowenstein's Insurance Recovery Group, and Michael Wakefield, Transaction Liability Practice Group from CAC Specialty to discuss the current...

We are starting to see a trend, especially in D&O policies, in which both insurers and policyholders are locking horns over whether a claim is related to an earlier filed claim or not. Policyholders need to approach this issue carefully, taking into consideration policy limits, self-insured retention and a myriad of policy exclusion traps. In today's episode, Lynda and Michael discuss relatedness...

Since our last episode on SPACs, the market has cooled some as prime targets are harder to source and capacity in the insurance market continues to squeeze. With skyrocketing premiums and a quick turnaround in the underwriting process, the market is starting to consider the next natural step in the process – the claims that are likely to flow from some of these deals.  Through the insurance lens,...

We have all heard about the alarming and ever increasing number of security breaches and ransomware attacks facing businesses. With bad actors continuously evolving and presenting new risks, most companies now fortunately have solid dedicated cyber insurance policies in place to help navigate through many of the adverse consequences that flow from a security breach, but how much longer can that la...

Continuing the conversation from our last episode, Michael Lichtenstein, guest host Joe Saka, and Lowenstein Bankruptcy & Restructuring Department Chair Jeff Cohen dive deeper into the insurance issues that arise in bankruptcy cases.  They examine how D&O insurance comes into play in the bankruptcy context, and how COVID-19 business interruption claims are affecting bankruptcies, highlighting the...

In this episode, Michael introduces guest host Joe Saka, Senior Counsel in Lowenstein's Insurance Recovery Group, who sits down with the Chair of Lowenstein's Bankruptcy & Restructuring Department, Jeff Cohen, to discuss the intersection between bankruptcy and insurance. In part 1, Joe asks Jeff about his background and experience in bankruptcy law, the unique challenges involved in retail bankrup...