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...more
Cyber insurance is more important than ever, says Eric Jesse, who provides three tips for deriving the most value possible from your cyber insurance policy. Eric advises policyholders to clearly understand the scope of their...more
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...more
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...more
As we emerge from the COVID pandemic and the risk environment for corporate America remains high, now is a good time to revisit a question critical to private equity firms and strategic buyers in the mergers and acquisitions...more
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...more
The collapse of Silicon Valley Bank (SVB) has dominated the news and left the market reeling in its wake. As businesses continue to respond to the second-largest bank collapse in U.S. history, we have highlighted risks that...more
Eric Jesse continues to dispel common misperceptions about representations and warranties (R&W) insurance, including the myths that: 1) R&W insurance has less value due to exclusions; 2) one can select an R&W insurer based on...more
Eric Jesse addresses the unfortunately common experience during mediation of when an insurer balks at settlement resolutions: should a policyholder walk away, “pay and chase,” offer the right to receive insurance proceeds, or...more
In this episode of “In the Know,” partner Eric Jesse offers guidance on improving your company's likelihood and amount of insurance recovery if and when a claim arises, starting with understanding a policy’s notice and timing...more
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...more
Companies purchase insurance for litigation protection in the form of an insurer’s duty to defend lawsuits. Under New Jersey law, the duty to defend begins with the filing of a complaint that includes allegations that might...more
In 2020, Lowenstein Sandler released a groundbreaking report, authored by Lynda A. Bennett and Eric Jesse of Lowenstein’s Insurance Recovery Group, based on results of a survey that sought to answer a key question about reps...more
Eric Jesse, partner in Lowenstein Sandler's Insurance Recovery Group, addresses some long-range impacts of the war in Ukraine on insurance, including an increase in territorial exclusions, cyber exclusions, clauses permitting...more
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...more
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...more
A recent Sixth Circuit decision highlights a split among courts regarding the application of the “insured v. insured” exclusion in D&O policies to “mixed” lawsuits, i.e., suits brought by multiple plaintiffs (who are both...more
A recent coverage case from Illinois is a helpful reminder to policyholders that they should not take no for an answer when insurers deny a claim based on uninsurability, restitution, disgorgement, or fraud. In fact, those...more
10/27/2021
/ D&O Insurance ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Disgorgement ,
False Claims Act (FCA) ,
Fraud ,
Insurance Claims ,
Insurance Industry ,
Investigations ,
Restitution ,
Tax Cuts and Jobs Act
Representations and warranties insurance (RWI) is as popular as ever today. With increased deal flow combined with buyers and sellers finding value in RWI, the market for RWI is operating at full capacity; insurers are...more
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...more
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...more
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...more
Insurance can be a valuable business asset, but a key step to securing coverage in the face of a claim is to provide prompt and broad notice to insurers. In the event of a claim, insurers will consider whether they can deny...more
As we approach the one-year anniversary of COVID-19-related closures and losses, policyholders should assess whether they need to commence a coverage lawsuit against their property and business interruption insurers to...more
Recently, a California state court expanded a “bump up” exclusion in excess D&O policies to bar coverage for a settlement of a shareholder class action lawsuit against Onyx and its directors and officers. The shareholders...more