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Lynda A. Bennett

Lynda A. Bennett

Lowenstein Sandler LLP


Latest Publications

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Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

Any company faced with a coverage denial inevitably asks the question: Will the insurance company change its position if we sue them for bad faith? The short answer to the question is usually no. In general, insurance...more

5/8/2013 - Attorney's Fees Bad Faith Discovery Insurers

Policyholders Beware: Mandatory Arbitration, Choice of Law and Choice of Venue Provisions May Restrict Insurance Coverage Rights

What businesses do not know about their insurance policies can hurt them. Increasingly, insurers are requiring arbitration, restricting venues for hearing cases or specifying which laws can be applied, all designed to give...more

3/20/2013 - Arbitration Arbitration Agreements Choice-of-Law Choice-of-Venue Insurers

Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct

Ostensibly responding to Superstorm Sandy, the New Jersey legislature is considering a broad change to the law addressing bad faith and unfair conduct by insurers. If the bill becomes law, it will represent a significant and...more

3/8/2013 - Bad Faith Hurricane Sandy Insurers Unfair Claims Settlement Practices Act

Securing Insurance Coverage for Wage and Hour Violations Is Getting Complicated

Insurance companies increasingly are seeking to eliminate wage and hour coverage in employers’ policies. While some insurance companies may be willing to allow coverage to be added back, it can come at a steep price that you...more

3/5/2013 - Commercial General Liability Policies Employment Practices Liability Coverage FLSA Insurers Wage and Hour

Sandy Claims Likely to Test Examination Under Oath Provisions in Property Insurance Policies

In the months ahead, disputes are likely to increase over insurance companies’ requests for an “examination under oath” (EUO) for Superstorm Sandy claims. Policyholders need to know that there are limits to how much...more

2/14/2013 - Business Interruption Examinations Under Oath Hurricane Sandy Proof of Loss Property Damage Property Insurance Staples

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims [UPDATED]

Following the widespread destruction caused by “Superstorm Sandy,” the governors of New York and New Jersey declared states of emergency and issued numerous emergency executive orders and directives. Some of these orders have...more

1/18/2013 - Claims Adjusters Deductibles FEMA Hurricane Sandy Photographs Public Adjusters Public Nuisance Repairs State of Emergency Wind Damage

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims

Following the widespread destruction caused by “Superstorm Sandy,” the governors of New York and New Jersey declared states of emergency and issued numerous emergency executive orders and directives. Some of these orders have...more

12/21/2012 - Commercial Insurance Policies FEMA Hurricane Sandy Licenses Tolling

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims

Following the widespread destruction caused by “Superstorm Sandy,” the governors of New York and New Jersey declared states of emergency and issued numerous emergency executive orders and directives. Some of these orders have...more

12/6/2012 - Hurricane Sandy Liability Insurance Statute of Limitations

Insurance Broker Relationships: Handle With Care

In the wake of Superstorm Sandy, many businesses and organizations have turned to their insurance brokers for assistance with the difficult process of identifying causes of loss, documenting loss amounts, reviewing available...more

12/3/2012 - Attorney-Client Privilege Hurricane Sandy Insurance Brokers

Insurance Recovery For Superstorm Sandy Losses: What Policyholders Need To Know

In the wake of Superstorm Sandy, many businesses and organizations have incurred a wide range of significant losses and damages. A large portion of those damages and losses will be covered by insurance. However, accessing...more

11/14/2012

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