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...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
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...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
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
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
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...more
This episode is a continuation of Lynda’s conversation with Bridget Choi, Deputy Counsel and Managing Director of Strategy at Kivu Consulting, and David Anderson, VP within Lockton Insurance’s Cyber Technology Group, about...more
3/11/2021
/ Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Security ,
Hackers ,
Incident Response Plans ,
Insurance Brokers ,
Insurance Claims ,
Insurance Industry ,
Ransomware
Lowenstein Sandler’s Insurance Recovery Podcast, “Don’t Take No for an Answer,” is a podcast discussing key issues in insurance recovery law, providing both “101” lessons on the nuts and bolts of insurance recovery law, and...more
Representation and warranty insurance has changed the M&A market. The popularity of reps and warranties (R&W) insurance—which provides indemnity to buyers for breaches stemming from seller misrepresentations in acquisition...more
Policyholders purchase excess coverage with the reasonable expectation that they will not face a series of different coverage positions from multiple layers of insurers when seeking payment for claims, but that is not always...more
New Jersey courts have long blazed the trail to shape the landscape nationally on important insurance coverage issues. Many years ago, our Supreme Court found that insurers actually have to deliver on the coverage that they...more
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