Today on Don't Take No For An Answer, Lynda A. Bennett and Alexander B. Corson discuss a recent Second Circuit decision that reinforces the importance of reading claims-made policies carefully. The case involves Tinder, the...more
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
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
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
Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter.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
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
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
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
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
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
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
Policyholders purchase liability insurance expecting that, when they are sued, their defense will be paid for by their insurer. Because the key value of liability insurance is that it is really “litigation insurance,” courts...more
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
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
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
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
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
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
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
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
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
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
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
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
3/24/2023
/ Additional Insured ,
Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Contract Negotiations ,
Force Majeure Clause ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Loss Payee ,
Pollution Liability Insurance ,
Subrogation
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