On this episode of “Don’t Take No For an Answer,” host Eric Jesse  speaks with Mike Richmond, executive vice president and shareholder at the Horton Group, about the ABCs of D&O insurance, including the three fundamental coverages under a typical D&O policy. They dive into the subjects of sublimits on such items as derivative investigations, public relations and crisis management; what types of claims are covered by a D&O policy, including Side A DIC; and common exclusions in traditional Side ABC D&O policies. They also discuss the current state of the market and give ..read more

Today on “Don't Take No For An Answer,” host Lynda A. Bennett is joined by Alexander B. Corson for a discussion about priority of coverage, or who pays what when there are numerous claims, parties, and policies at play. As always, Lowenstein’s Insurance Recovery lawyers reinforce the bedrock insurance principle that the words matter when determining the scope of coverage responsibilities. Through that lens, Lynda and Alex discuss the variations of “other insurance” clauses and how courts interpret those clauses. Along the way, the pair also debunk a few myths about priority of coverage issues ..read more

In this episode of “Don’t Take No for an Answer,” host Eric Jesse is joined by Jeff Rubocki, senior managing director of the Private Equity practice at Risk Strategies, to predict what the rest of 2024 may hold from a reps and warranties insurance perspective. They address what changes to expect as deal flow begins to resume, pro tips for M&A and PE buyers, and how R&W insurers have adapted to the current market. They also discuss the pivotal role of communication in streamlining processes and achieving excellence, and offer practical strategies with actionable advice.  Speakers ..read more

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 market, in which they explore the rollercoaster ride experienced by policyholders over the past four years, particularly during the challenging COVID period. They share valuable perspectives on the current state of the D&O market, covering topics such as premium pricing, coverage flexibility, negotiations during renewal seasons, the impact of COVID-related quest ..read more

Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an eighth-level excess insurer leveraged a hyper-technical condition to avoid coverage even though each and every underlying insurer had actually paid its full policy limit. They outline best practices for policyholders to follow when negotiating the terms of excess policies and resolving claims that implicate excess coverage so that if the parties enter into a settlement at the l ..read more

Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and  Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation, taking a deep dive into what to do when a company is subject to a mass arbitration demand, or when a company has been asked to head off to a mass mediation. The panel emphasizes the importance of identifying the scope of valid claims early in the process and evaluating the exposure, particularly with respect to statutory claims. They also address how much informatio ..read more

Host Lynda A. Bennett is joined by Freda L. Wolfson, former Chief Judge of the United States District Court for the District of New Jersey and Chair of Lowenstein's Alternative Dispute Resolution group; Michael A. Kaplan, partner in Lowenstein’s White Collar Criminal Defense group, and Ruth Fong Zimmerman, an associate in the Litigation Department, to talk about the emergence of mass arbitrations and mediations in the class action space. Mandatory arbitration clauses were originally intended as a way to avoid expensive class actions; now they are being leveraged by litigation funders to genera ..read more

In 2024’s first episode of “Don’t Take No for an Answer,” hosts Lynda A. Bennett and Eric Jesse discuss some achievable New Year's resolutions that may help listeners improve their risk management hygiene, including best practices that policy holders should follow to secure the best terms and conditions in their insurance policies. Recommendations include making sure you can locate and are thoroughly acquainted with your most recent policies, scrutinizing your renewal application with fresh eyes, and evaluating your relationships with brokers and underwriters.  Speakers: Lynda A. Bennett ..read more

On the last “Don't Take No For an Answer” podcast of 2023, Lynda Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, looks back on some of the series’ most popular topics, such as difference between the duty to defend and the duty to reimburse;  a day in the life of an insurance broker when the building is on fire; and avoiding the bait and switch. 2023 generally revealed a more entrenched coverage position by insurers, a trend that the podcast host predicts is likely to continue in the new year.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance Reco ..read more

In this episode of “Don't Take No For an Answer,” hosts Lynda A. Bennett and Eric Jesse, partners in Lowenstein Sandler’s Insurance Recovery Group, discuss an insurance coverage issue stemming from the U.S. Supreme Court case involving Harvard University’s affirmative action program. After Harvard and/or its broker failed to notify an excess insurer of the affirmative action lawsuit, and after Harvard litigated and lost against that insurer to try to get coverage, Harvard went to the next chapter in the coverage playbook and filed a broker malpractice lawsuit. Lynda and Eric use this lawsuit a ..read more