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Second Circuit ‘Swipes Right’ on Notice Requirement for Tinder

Policyholders frequently are vexed by the nuances of reporting requirements in claims-made policies, which generally provide coverage only for a “Claim” made during the policy period. While this may sound like a...more

Closing Coverage Gaps: California Court Emphasizes the Importance of Coordinated Insurance Policies in Complex Claims Environments

Policyholders must be vigilant in coordinating their insurance program across coverage lines in today’s complex claims environment. Often resembling a “patchwork quilt” – modern businesses protect against a wide range of...more

Stitching the Patchwork Quilt: Navigating Policy Coordination and Exclusions in D&O Insurance

In this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Alexander B. Corson of Lowenstein’s Insurance Recovery Group examine a recent California Appellate Court decision that underscores the necessity of...more

Broker Malpractice: How Policyholders Can Proactively Protect Themselves

Today, hosts Lynda A. Bennett and Eric Jesse discuss a recent decision that addresses broker malpractice – a common claim for policyholders to pursue after learning insurance protection is unavailable or insufficient to cover...more

When You’re Close to Settlement but Your Insurer is Entrenched: How Policyholders Can Make it Over the Finish Line

Today on “Don't Take No for an Answer,” hosts Lynda A, Bennett and Eric Jesse discuss what they see as an increase in insurers acting in bad faith trying to avoid their coverage obligations, with more roadblocks, more...more

Current State of Play with SPAC Litigation and Available Insurance Coverage

Today, Lynda A. Bennett and Heather Weaver of Lowenstein’s Insurance Recovery Group sit down with Yelena Dunaevsky, Senior Vice President, Transactional Insurance, at Woodruff Sawyer to talk about the current state of SPAC...more

Allocation: Debunking the “Partial” Duty to Defend Myth

In this episode of "Don’t Take No for an Answer," Lynda A. Bennett and Alexander B. Corson explore the complex issue of "allocation" in the context of defense costs in insurance claims. They discuss what steps to take when...more

Do the Sublimits in Your Insurance Policies Expand or Reduce Coverage?

Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter. In Rivera v. Starstone Specialty Ins. Co.,1 the court was asked to...more

Priority of Coverage: Debunking “Other Insurance” Myths

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...more

An Update From the Front Lines – The Current State of Play in the D&O Market

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...more

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

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...more

Mass Arbitrations: Who Pays? Part II

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...more

Sometimes You Have to Sweat the Small Stuff: Technicality Renders $10M Excess Policy Valueless

For nearly 100 years, courts across the country have followed the established majority view that an excess insurer may not avoid its coverage obligation by imposing technical requirements on the manner in which underlying...more

Mass Arbitrations: Who Pays? Part I

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,...more

A New Year’s Insurance Resolution: Better Risk Management Hygiene

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...more

Favorite Topics of 2023

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...more

Insurance Coverage for Harvard’s SCOTUS Affirmative Action: Broker Malpractice as the Next Chapter in the Coverage Playbook

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...more

What Every Party Needs to Know About Insurance Before Signing a Lease

On this episode of Terra Firma: Conversations on Commercial Real Estate, attorneys Stacey Tyler and Stephen Tanico discuss the intersection of insurance and real estate law with Lynda A. Bennett, chair of Lowenstein's...more

“Keeping Track” of Your Cyber (and Other) Coverage Part II

On this episode of Don't Take No for An Answer, host, Lynda A. Bennett, Partner and Chair of Lowenstein’s Insurance Recovery Group, is joined by David Anderson, Vice President, Cyber Liability at Woodruff Sawyer, and Heather...more

“Keeping Track” of Your Cyber (and Other) Coverage Part I

In this episode of “Don't Take No for an Answer,” host Lynda A. Bennett is joined by David Anderson, Vice President of Cyber at Woodruff Sawyer, and Heather Weaver, counsel in Lowenstein’s Insurance Recovery Group, to discuss...more

Don’t Cash that Refund Check! How to Challenge Insurance Rescission

On this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Eric Jesse explain the policy procurement process, highlighting a disturbing trend they have observed lately where insurers attempt to rescind policies...more

Myths and Misconceptions About Reps & Warranties Insurance

Despite the popularity of reps and warranties insurance (RWI), many common misconceptions about this insurance product still exist. For example, while it’s often believed that RWI is too expensive or unsuitable for a specific...more

Know Who is Saying No: The Critical Players in the Insurance Process

In today’s episode, hosts Lynda A. Bennett and Eric Jesse break down who’s who in the insurance industry: the insurance companies, the brokers, the agents, and, of course, the policyholders. They explain why it is necessary...more

Call Me, Maybe? The Stealth Disappearance of Social Engineering and Fraudulent Instruction Coverage

Today on Don’t Take No for an Answer, Lynda A. Bennett and Eric Jesse discuss the stealth disappearance of social engineering and fraudulent instruction coverage, and what you can do to make sure you have insurance coverage...more

Wearing Multiple Hats: Making Sure You Are Covered in All Capacities

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

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