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Do R&W Insurers Still Pay Claims? Following Up on Lowenstein’s 2020 Survey [Video]

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

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

Still Looking: How to Find Those Missing Policies Covering Long Tail Liabilities [Audio]

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

The Significance of Operational Technology in Cyber Insurance Underwriting – Part 2 [Audio]

In this episode of “Don’t Take No for an Answer,” 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,...more

The Downstream Impact of Ransomware on Cyber Insurance Underwriting – Part 1 [Audio]

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

Has the SPAC Bubble Burst? Part 2: The SEC’s New Rules [Audio]

Lynda A. Bennett continues her conversation with Capital Markets & Securities partner Jared Kelly and Yelena Dunaevsky, Esq., Vice President, Transactional Insurance at Woodruff Sawyer, about SPACs, deSPACs, the SEC’s new...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

Cyber Insurance Changes in the Aftermath of Log4j [Video]

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

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal [Audio]

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

Mediating Complex Insurance Coverage Disputes Series Part 3 – Breaking the Log Jam [Audio]

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

Mediating Complex Insurance Coverage Disputes Series Part 2 – What Goes on in Mediation? [Audio]

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

Mediating Complex Insurance Coverage Disputes Series Part 1 – Preparing For The Mediation [Audio]

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

Subrogation Actions Following Ransomware Claims: What Policyholders Should Expect in the Ever-Changing Cyber Insurance Market

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

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

Maximizing RWI Recovery Claims: Don’t Be Penny Wise and Pound Foolish [Audio]

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

Out With a Bang: Current State of Play on Coverage for COVID-Related Losses [Audio]

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

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

Insurance Recovery After Severe Weather

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

Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions [Audio]

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

Can’t We All Just Get Along? Effective Ways to Navigate the Tri-Partite Relationship Among Policyholders, Insurers, and Insurer... [Audio]

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

The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events [Audio]

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

Settling a Claim: Get Comfortable With Being Uncomfortable [Audio]

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

Reps & Warranties Insurance Claims: Getting to “Yes” [Audio]

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

Reps & Warranties Insurance: Sealing The Deal [Audio]

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

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

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