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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

Mind the Back Door: A Discussion of Insurer Subrogation Rights and Contractual Waiver of Subrogation Provisions

In this episode, the hosts explain waivers of insurers’ subrogation rights: what are they, what are the risks, who is bound by them, and how to obtain a waiver from an insurance company. They also discuss specific examples in...more

Part II: The Intersection of Emerging Trends in M&A/ Private Equity and Reps & Warranty Insurance: The Road Remains Bumpy For...

Hosts Lynda Bennett and Eric Jesse build on their recent discussion with Lowenstein M&A Chair and Transactions & Advisory Group co-Chair Marita Makinen about the current state of play in the M&A and private equity space. The...more

A Cautionary Tale Highlights the Importance of Carefully Reviewing a Warranty Letter Before Signing

When buying an insurance policy, a policyholder is sometimes required to sign a warranty letter affirming that they are not aware of any impending claims nor any facts or circumstances that may reasonably give rise to a...more

The Intersection of Emerging Trends in M&A/ Private Equity and Reps & Warranty Insurance: The Road Remains Bumpy For Dealmakers

In today’s episode of Don’t Take No For An Answer, hosts Lynda Bennett and Eric Jesse are joined by Marita Makinen, Partner and Chair of Lowenstein’s Mergers & Acquisitions group and Co-chair of its Transactions & Advisory...more

Finding the Right Fit: The Duty to Defend vs. the Duty to Reimburse (Part II)

Hosts Lynda A. Bennett and Eric Jesse of Lowenstein’s Insurance Recovery Group continue their discussion about the difference between the duty to defend, the duty to reimburse, and the duty to advance. They run through the...more

The Difference between the Duty to Defend and the Duty to Reimburse: What Policyholders Need to Know

In this episode of “Don’t Take No for an Answer,” hosts Lynda A. Bennett and Eric Jesse of Lowenstein’s Insurance Recovery Group discuss the difference between a duty to defend versus a duty to reimburse. They explain why...more

Avoiding the Bait and Switch: When Excess Insurers Don’t Follow Primary Insurers’ Acceptance of Coverage

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

Are Buyers Still Getting Paid? The Evolution of R&W Insurance Claims - R&W Insurance Claims Report 2023

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

What’s New in the RWI Market? A Sneak Peek at Lowenstein’s Upcoming Survey Results

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 the upcoming publication of their second report on reps and warranties insurance...more

When Insurance and Real Estate Issues Collide: Key Considerations For Leasing or Purchasing Property

In this episode of “Don't Take No for an Answer,” Lynda A. Bennett talks to Stacey C. Tyler, counsel in Lowenstein’s Real Estate practice group, about some of the key insurance coverage issues that come up when a company...more

The Ultimate Finger-Pointing Game: Other Insurance Provisions and How They Intersect With Self-Insured Programs

Insurers like to make their coverage obligations someone else’s problem. One of the ways they do this is by saying that another insurer has to go first. In other words, insurers will sometimes take the position that another...more

A Day In the Life Of An Insurance Broker When the Building Is On Fire

Lynda A. Bennett talks with Matt Kerman, Broker with ARC Excess & Surplus, about coverage emergencies, and how to streamline the process of securing coverage “while the fire alarms are ringing and smoke is filling the room.”...more

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

Anyone who owns a cellphone or uses an email address has received a communication from a scammer seeking to extract confidential information or trick the recipient into sending money to foreign countries. These attempts come...more

London’s Nation-State Attack Exclusion: Game Changer For The Cyber Insurance Market or An Opportunity For Competition Within the... [Audio]

Lloyd’s of London’s new requirement that all insurers issuing standalone cyber coverage exclude liability for any state backed cyber-attacks could present a systemic risk to the insurance market, raising questions of coverage...more

Tax Liability Insurance Products: A Hidden Gem in the Transactional Lawyer’s Tool Box [Audio]

In this episode of “Don't Take No for an Answer,” Lynda A. Bennett talks with Justin Berutich and Yoav J. Shans about why more companies don’t take advantage of tax liability insurance, how tax products may be used as an...more

Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer [Audio]

What should a policyholder do if its insurance company refuses to pay all or most of a settlement offer made during mediation? Lynda A. Bennett and Eric Jesse outline the options, from the less-than-ideal approach of walking...more

The Calm Before the Storm: Planning for Catastrophic Weather Events [Audio]

In this episode of “Don’t Take No for an Answer,” hosts Lynda A. Bennett and Michael Lichtenstein of Lowenstein’s Insurance Recovery Group provide recommendations for preparing corporate insurance policies for the next...more

Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away [Audio]

Every company must go through the annual ritual of assessing their insurance renewals: when should you start these discussions, and when should you consider changing carriers? Host Lynda A. Bennett talks with Joseph Saka,...more

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

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