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
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...more
3/24/2023
/ Additional Insured ,
Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Contract Negotiations ,
Force Majeure Clause ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Loss Payee ,
Pollution Liability Insurance ,
Subrogation
Insurers like to make their coverage obligations someone else’s problem. One of the ways they do this is by saying that another insurer has to go first. In other words, insurers will sometimes take the position that another...more
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.”...more
Anyone who owns a cellphone or uses an email address has received a communication from a scammer seeking to extract confidential information or trick the recipient into sending money to foreign countries. These attempts come...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
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...more
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,...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
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...more
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...more
In this episode of Lowenstein’s Cybersecurity Awareness series, Ken Fishkin, Lowenstein’s Manager of Information Security, speaks with Lynda A. Bennett, Chair of the firm’s Insurance Recovery Group, about the impact of...more
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...more
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...more
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...more
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...more
Ransomware attacks continue to challenge U.S. companies, with cybercriminals now routinely extorting companies for multimillion-dollar payouts. A company that experiences an attack will likely seek coverage under its cyber...more
2/4/2022
/ Breach Notification Rule ,
Class Action ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Popular ,
Ransomware ,
Subrogation
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
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...more
1/20/2022
/ Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Fines ,
Insurance Claims ,
Penalties ,
Popular ,
Privacy Laws
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
Ransomware attacks are on the rise. Lax security measures, which have become more acute in the work-from-home environment, continue to be exploited. Companies' systems are hacked into, their data is encrypted, and they face...more
11/16/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Security ,
Encryption ,
Extortion ,
Insurance Claims ,
Popular ,
Ransomware ,
Securities and Exchange Commission (SEC)
While the 2021 hurricane season is not officially over yet, catastrophic weather events including Hurricanes Ida, Henri and Nicholas have already caused substantial damage, bringing record-breaking rainfall and flooding....more
11/3/2021
/ Business Interruption ,
First-Party Coverage ,
Hurricane Season ,
Insurance Claims ,
Insurance Industry ,
Mitigation ,
Natural Disasters ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Supply Chain
Ransomware attacks are on the rise. Cyber criminals continue to exploit lax security measures, which have become more acute in the work-from-home environment, and hack into companies’ systems, encrypt their data, and then...more
10/19/2021
/ Business Interruption ,
Business Losses ,
Causation ,
Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Delays ,
Encryption ,
Hackers ,
Insurance Claims ,
Popular ,
Ransomware
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...more