In this episode of “Don’t Take No for An Answer,” Eric Jesse, partner in Lowenstein Sandler’s Insurance Recovery Group, is joined by Alexander B. Corson to discuss bad faith in insurance claims. Highlighting a recent example...more
Insurer bad faith may take many forms. While policyholders are sometimes familiar with the quintessential bad faith fact pattern – a liability insurer’s failure to settle within policy limits – the New York Appellate Division...more
Today on "In the Know,” Eric Jesse discusses best practices for negotiating manuscript endorsements to an insurance policy: in other words, revisions that are specifically negotiated and added by the parties. Because...more
Today on the podcast, host Eric Jesse talks to Alex Corson about the life of a policyholder lawyer, what does it take to do battle with an insurance company, and how one decides to become an insurance recovery attorney. The...more
Today on Don't Take No for an Answer, Lynda A. Bennett and Eric Jesse discuss what happens under D&O policies when an executive wears multiple hats—or, as it’s known in the insurance industry— acts in more than one capacity,...more
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 how to deal with excess insurers who refuse to follow a primary insurer’s...more
As we emerge from the COVID pandemic and the risk environment for corporate America remains high, now is a good time to revisit a question critical to private equity firms and strategic buyers in the mergers and acquisitions...more
Eric Jesse, partner in Lowenstein Sandler's Insurance Recovery Group, addresses some long-range impacts of the war in Ukraine on insurance, including an increase in territorial exclusions, cyber exclusions, clauses permitting...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
A recent Sixth Circuit decision highlights a split among courts regarding the application of the “insured v. insured” exclusion in D&O policies to “mixed” lawsuits, i.e., suits brought by multiple plaintiffs (who are both...more
A recent coverage case from Illinois is a helpful reminder to policyholders that they should not take no for an answer when insurers deny a claim based on uninsurability, restitution, disgorgement, or fraud. In fact, those...more
10/27/2021
/ D&O Insurance ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Disgorgement ,
False Claims Act (FCA) ,
Fraud ,
Insurance Claims ,
Insurance Industry ,
Investigations ,
Restitution ,
Tax Cuts and Jobs Act
Do Reps and Warranties Insurers Pay Claims? Yes–With Caveats, New Survey Finds-
During the last decade, intense deal activity spurred the growth of R&W insurance–an alternative risk-transfer mechanism to indemnify buyers...more