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D&O Insurance and the Regulatory Environment in Trump 2.0 Administration (Part I)

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,...more

100 Episodes of “Don’t Take No for an Answer”! Thank you for Listening.

Host Lynda A. Bennett, chair of the Insurance Recovery Practice at Lowenstein Sandler, introduces the 100th episode of Don't Take No For An Answer. Since its launch, the podcast has interviewed guests from all corners of the...more

Closing Coverage Gaps: California Court Emphasizes the Importance of Coordinated Insurance Policies in Complex Claims Environments

Policyholders must be vigilant in coordinating their insurance program across coverage lines in today’s complex claims environment. Often resembling a “patchwork quilt” – modern businesses protect against a wide range of...more

Stitching the Patchwork Quilt: Navigating Policy Coordination and Exclusions in D&O Insurance

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...more

Current State of Play with SPAC Litigation and Available Insurance Coverage

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...more

An Update From the Front Lines – The Current State of Play in the D&O Market

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...more

Wearing Multiple Hats: Making Sure You Are Covered in All Capacities

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,...more

A Cautionary Tale Highlights the Importance of Carefully Reviewing a Warranty Letter Before Signing

When buying an insurance policy, a policyholder is sometimes required to sign a warranty letter affirming that they are not aware of any impending claims nor any facts or circumstances that may reasonably give rise to a...more

ESG is All The Rage, but How Does It Intersect with the D&O and RWI Insurance Markets? [Audio]

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...more

Has the SPAC Bubble Burst? Lessons Learned From the Early Days of SPAC Mania [Audio]

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...more

Smoother Sailing or Choppy Waters: What Lies Ahead for the 2022 D&O Market? [Audio]

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...more

New York’s Highest Court Says D&O Insurers Must Cover Disgorgement Payments

On November 23, 2021, New York’s highest court resolved a long-standing dispute between directors and officers (D&O) liability insurers and their insureds, holding that a settlement payment to the U.S. Securities and Exchange...more

Takeaways From Recent Claims Against Mark Zuckerberg and Facebook – Mitigating the Heightened Risk of Privacy Suits Against... [Audio]

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...more

Wait, are we related? Well, that depends on the facts and circumstances of each Claim [Audio]

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...more

Don’t Step on a Crack in the SPAC/deSPAC Insurance Claim Process [Audio]

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...more

The Brave New Frontier of Securing D&O Insurance for SPACs and deSPACs [Audio]

Picking up from our last episode, Lowenstein Corporate Partner Valeska Pederson Hintz joins the conversation about securing D&O insurance coverage for SPACs and deSPACs. Valeska, Lynda Bennett, and Rob Crocitto from ARC...more

The D&O Renewal Market: Will the Wild Ride of Premium Increases, Stretched Capacity and Restrictive Terms Continue? [Audio]

After the unprecedented challenges 2020 brought to every business and industry, many companies saw increases in their premiums and self-insured retentions. Many companies are now going into their next D&O insurance renewal...more

California Court Broadens A D&O Policy’s Bump-Up Exclusion To Bump Out Coverage

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

Preparing For COVID-19 Insurance Claims

The COVID-19 pandemic has created a public health and economic crisis of unprecedented magnitude. In the coming weeks and months, it will also lead to insurers, regulators and policyholders clashing over claims issues...more

D&O Insurance Renewals: What Corporate Policyholders Need to Know in the “New Normal”

Many companies are focused on their business interruption coverage in the face of coronavirus disease 2019 (COVID-19). But they must not let management liability insurance be a blind spot. Companies that are renewing their...more

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