Podcasts about insurance recovery

In this episode of "Don't Take No For An Answer," hosts Lynda A. Bennett and Eric Jesse discuss how the current claims environment is taking a toll on policyholders as insurance claims take years to resolve and insurers deny or limit coverage for clearly covered claims. Our hosts theorize causes for the increasing challenges in the claims environment in recent years, suggest industry reforms, and offer advice to policyholders seeking coverage.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

ADOT 's Doug Nintzel sits down with Barry Friedman of ADOT's insurance recovery team to discuss how they protect taxpayer dollars.

The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. As of Jan. 16, 2025, these wildfires have scorched more than 60 square miles, claimed at least 25 lives, and left 26 people missing. With more than 12,000 structures destroyed and tens of thousands displaced, the economic impact is estimated between $135 billion and $150 billion.  Joining me to discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. We also discuss a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders' businesses is a genuine issue of fact.My guests are all from the long-time insurance recovery law firm of Anderson Kill. Dennis Artese is a shareholder in the New York office and is chair of the firm's Climate Change and Disaster Recovery practice group. Marshall Gilinsky is a shareholder the firm's Boston office and practices in the firm's Insurance Recovery and Commercial Litigation groups, as well as its Restaurant, Retail & Hospitality Group. Joshua Gold is a shareholder in the New York office. He chairs the Cyber Insurance Recovery Group and co-chairs the Marine Cargo Insurance Group. He also handles directors and officers insurance and business income/property insurance matters.If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageLinkedIn

Host Lynda A. Bennett, chair of the Insurance Recovery Practice at Lowenstein Sandler, introduces the100th episode of Don't Take No For An Answer. Since its launch, the podcast has interviewed guests from all corners of the insurance ecosystem to offer market insights, different perspectives, and practical tips to understand how insurance works and how to maximize recovery when claims are presented. Lynda describes the feedback from listeners, including clients, competitors, and adversaries across the country; she also lists the topics that sparked special interest, such as D&O risks, how to implement better risk management hygiene, and the intersection of insurance and bankruptcy.  In case you missed any, just click on the links below to listen again! Finding the Right Fit: The Duty to Defend vs. the Duty to Reimburse (Part II) Insurance Needs in the Biden Administration Protecting Against Environmental Risks Reps & Warranties Insurance: Sealing The Deal The ABCs of D&O Insurance The Brave New Frontier of Securing D&O Insurance for SPACs and deSPACs The Intersection of Insurance and Bankruptcy – Part 1 The Intersection of Insurance and Bankruptcy – Part 2 Wait, that's covered? Insurability of Fines and Penalties Flowing From a Cybersecurity Breach Wearing Multiple Hats: Making Sure You Are Covered in All Capacities Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery

  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 of a case involving Rockefeller University, Eric and Alex explain how breach of contract claims are different from bad faith claims, why choice of law matters, and how policyholders can protect themselves against insurers who sit on their hands. Speakers: Eric Jesse, Partner, Insurance RecoveryAlexander B. Corson, Associate, Insurance Recovery

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 online dating service provider, which received notice of a lawsuit on Wednesday but did not provide notice to their insurer until Monday.  The insurer denied coverage on the basis that the insurance policy had expired on Saturday at 12:01 AM! Their discussion focuses on such issues as what constitutes a “claim” triggering notice requirements in claims-made policies, the scope of a 60-day grace period applicable to such notice requirements, how policy audits may help companies avoid similar situations, and why it is critical for business to provide notice to their insurers early, often, and immediately upon learning of a potential liability.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryAlexander B. Corson, Associate, Insurance Recovery

Today on “Don't Take No for an Answer,” Eric Jesse and Alexander B. Corson discuss Aearo Technologies v. ACE American, in which a Delaware court held 3M could not credit $372 million it paid in defense costs against self-insured retentions in legacy CGL policies issued to its subsidiary, Aero Technologies, before its aquisition. The hosts discuss the implications of non-market language included in those policies – which specified that the self-insured retention could not be satisfied by payments made on Aearo's behalf – and steps the insured might have taken to avoid this hyper-technical coverage defense that seemingly ignored the reality of corporate structuring and would have required 3M to engage in the “pointless formality” of transferring money to an Aearo bank account in order to satisfy its self-insured retentions. Speakers: Eric Jesse, Partner, Insurance Recovery Alexander B. Corson, Associate, Insurance Recovery

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 negotiating seamless and consistent insurance policies across all coverage lines, highlighting the implications of poorly defined terms and the critical importance of broad notice to avoid coverage gaps. They also explore practical steps to ensure your insurance program functions as a well-stitched patchwork quilt, covering all potential risks effectively. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryAlexander B. Corson, Associate, Insurance Recovery

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 requests for perfect information, and more entrenched positions than ever before, and insurers trying to abandon their insureds even when there is a meaningful settlement opportunity to resolve the underlying case. They explain the covenant of good faith and fair dealing, the importance of choice of law, and how policyholders can protect themselves, particularly regarding the appointment and management of panel defense counsel, and in determining who has the ultimate authority to settle a case. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 insurers attempt to shift part of their coverage obligations onto policyholders in a reservation of rights (ROR) letter, the common law approach to allocation, and the implications of "allocation" provisions in policies. The conversation also addresses whether the allocation question changes when an insurer has a duty to reimburse versus a duty to defend. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Alexander B. Corson, Associate, Insurance Recovery

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 always, Lowenstein's Insurance Recovery lawyers reinforce the bedrock insurance principle that the words matter when determining the scope of coverage responsibilities. Through that lens, Lynda and Alex discuss the variations of “other insurance” clauses and how courts interpret those clauses. Along the way, the pair also debunk a few myths about priority of coverage issues, including insurer overuse of such clauses and how to push back in the face of that situation/how to avoid it altogether. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryAlexander B. Corson, Associate, Insurance Recovery

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 eighth-level excess insurer leveraged a hyper-technical condition to avoid coverage even though each and every underlying insurer had actually paid its full policy limit. They outline best practices for policyholders to follow when negotiating the terms of excess policies and resolving claims that implicate excess coverage so that if the parties enter into a settlement at the lower layers, all the terms have been properly preserved throughout. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 mediation, taking a deep dive into what to do when a company is subject to a mass arbitration demand, or when a company has been asked to head off to a mass mediation. The panel emphasizes the importance of identifying the scope of valid claims early in the process and evaluating the exposure, particularly with respect to statutory claims. They also address how much information to share in negotiations, how to structure a settlement, and the role of insurance coverage for this emerging risk.  Speakers: The Honorable Freda L. Wolfson (ret.), Partner and Chair, Alternative Dispute ResolutionLynda A. Bennett, Partner and Chair, Insurance RecoveryMichael A. Kaplan, Partner, White Collar Criminal DefenseRuth Fong Zimmerman, Associate, Litigation

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 practices that policy holders should follow to secure the best terms and conditions in their insurance policies. Recommendations include making sure you can locate and are thoroughly acquainted with your most recent policies, scrutinizing your renewal application with fresh eyes, and evaluating your relationships with brokers and underwriters.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 duty to defend and the duty to reimburse;  a day in the life of an insurance broker when the building is on fire; and avoiding the bait and switch. 2023 generally revealed a more entrenched coverage position by insurers, a trend that the podcast host predicts is likely to continue in the new year.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery

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 involving Harvard University's affirmative action program. After Harvard and/or its broker failed to notify an excess insurer of the affirmative action lawsuit, and after Harvard litigated and lost against that insurer to try to get coverage, Harvard went to the next chapter in the coverage playbook and filed a broker malpractice lawsuit. Lynda and Eric use this lawsuit as a case study for what policyholders can and should do to proactively protect themselves and how to respond if faced with having to bring such a claim against an insurance broker. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

In this episode of the Government Contracts Legal Roundup, David Robbins shares the mic with Jan Larson, a Co-Chair of the firm's Insurance Recovery and Counseling Practice. Jan explains how her practice dovetails with the needs of government contractors and all policyholders who seek insurance to recover damages. “The key part,” she tells David, “is you're helping to bring money back in.” In addition to his interview with Jan, David provides a quick update on a recent DFARS amendment.

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 after a claim is made against their insureds! The hosts talk about the rights and remedies that policyholders have when their insurer tries to declare their policy null and void due to a supposed misrepresentation in the policyholder's application or warranty letter. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 type of deal, it is actually quite versatile and pricing today is competitive. The area where RWI insurers have some real work to do is on claim payments where perception is closer to reality. In this episode, hosts Lynda A. Bennett and Eric Jesse do a deep dive into the myths, misconceptions and the path forward to improve overall satisfaction with the claims process, as supported by their recent white paper.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery

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 to consider the reputation of your insurance company, as well as its financial strength; the difference between a traditional insurer, managing general underwriters, and non-admitted insurers; and the roles of the underwriters, claims adjusters, and brokers. They also provide some tips for policyholders on maximizing their coverage. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 for online scams. A fidelity bond policy and standalone cyber policies are supposed to cover the situation of an employee being duped, but as scams increase, insurance companies are reducing both their own transparency and their coverage. To mitigate risk, policyholders should also consider additional protections such as independent verification, firewall protections, and enhanced employee training.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery 

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 two lawyers address the importance of being detail-oriented, creative, and strategic, and how the practice of insurance recovery law has infinite applications. Speakers: Eric Jesse, Partner, Insurance RecoveryAlexander B. Corson, Associate, Insurance Recovery

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, as often happens when a private equity fund places one of their representatives on the board of a portfolio company. What's the definition of a wrongful act, and what's the difference between a coverage grant that says it will pay for wrongful acts committed by people acting in their capacity as an insured, and a coverage exclusion clause that states it will not provide coverage for executives acting outside of their capacity?  Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery

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 industries such as construction and cybersecurity.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 co-hosts consider emerging RWI trends and lessons learned from the fast paced deal flow activity of the past several years and the RWI claims that followed. They analyze Makinen's predictions that diligence must become even more careful, especially in light of the increased frequency and severity of RWI claims found by Lowenstein's recent survey, as well as the growing impact of globalization and cyber threats, and how to manage expectations and strike a reasonable balance at the negotiation table. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 steps of a typical case involving these issues, addressing how to negotiate the allocation of costs, and the importance of securing an insurer's immediate defense in the event of a claim. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery

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 policyholders may intentionally choose one option over the other, what each option covers, and how much say in choice of counsel and legal strategy a policyholder maintains under each. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 acknowledgement of coverage. They provide an overview of excess insurance policies, explain how “follow form” excess coverage is designed to work, and what policyholders can do to “fight the good fight” to try to secure coverage. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

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 claims.  The report examines recent changes and developing coverage issues in the RWI market since their 2020 survey, and Lynda and Eric give listeners a sneak peek at their findings, including more claims exceeding the retention, less claims being resolved through negotiations with R&W insurers, the overlay of R&W claims and SPAC and ESG transactions to name a few.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

Hosts Lynda Bennett and Eric Jesse explain why it's a mistake to assume that there is no insurance coverage for intentional conduct, and discuss possible ways to find coverage for these kinds of claims. Emphasizing— as always— the importance of the explicit wording of each policy, our hosts discuss D&O policies that do cover defense costs and settlements for intentional conduct and commercial general liability policies that do cover intentional torts, like defamation, liable, slander, false imprisonment, and malicious prosecution. They also explore how such factors as the nature of the claim, intent of the parties, and applicable legal standard may all impact coverage. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery

In this episode, Lynda A. Bennett and Eric Jesse examine the topic of warranty letters, through which insurers seek an affirmative representation that the insured is not aware of facts or circumstances that may reasonably give rise to a claim.  Lynda and Eric discuss how they differ from insurance policy applications and no claim declarations, why it is so important to review them carefully before committing, and the importance of policyholders negotiating the wording or even the overall necessity of the warranty letter.  Speaker: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

In this special episode of “Don't Take No For An Answer,” host Lynda A. Bennett examines key developments in the insurance world that this podcast has covered in the past year, including volatility in the D&O and cyber markets due to economic and regulatory uncertainty in the U.S. and around the world; the rise and fall of SPACs, and the impact of ESG demands by insurers. We invite you to listen to our past episodes on these key topics including: Trends and Hot Issues in D&O Smoother Sailing or Choppy Waters: What Lies Ahead for the 2022 D&O Market? Insurance Renewals: Know When to Hold ‘Em, Know When to Walk Away D&O Insurance: Better to Have it and Not Need it Than Need it and Not Have it The Rise and Fall of SPACs Has the SPAC Bubble Burst?  Lessons Learned from the Early Days of SPAC Mania Has the SPAC Bubble Burst? Part 2: The SEC's New Rules Learning to Love ESG ESG is All The Rage, but How Does It Intersect with the D&O and RWI Insurance Markets? Volatility in the Cyber Markets The Downstream Impact of Ransomware on Cyber Insurance Underwriting – Part 1 The Significance of Operational Technology in Cyber Insurance Underwriting – Part 2 London's Nation-State Attack Exclusion: Game Changer For The Cyber Insurance Market or An Opportunity For Competition Within the Market? Part 2: More about London's Nation-State Attack Exclusion: Game Changer For The Cyber Insurance Market or An Opportunity For Competition Within the Market?         Speaker: Lynda A. Bennett, Partner and Chair, Insurance Recovery

Partners Lynda A. Bennett and Eric Jesse of Lowenstein's Insurance Recovery Group continue their discussion about litigating coverage claims, explaining the challenges of pursuing discovery with insurers, complying with their discovery demands while preserving privilege, identifying the proper individual to depose, and how to handle expert testimony. They also address what to do when a party is acting in bad faith, appeals, and the question of who pays for all of this, especially in light of some jurisdictions' fee shifting rules. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery

Lynda A. Bennett and Eric Jesse the step-by-step approaches for policyholders to not take no for an answer when an insurer denies coverage for a claim. Should a policyholder race to the courthouse when coverage is denied, or does it make sense to try to negotiate a resolution pre-litigation? And when litigation is necessary to secure coverage, Lynda and Eric explain what policyholders should consider and expect – ranging from the appropriate forum to whether an early motion on the duty to defend is viable to what policyholders can expect should the coverage case proceed to discovery. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery

While having cyber insurance coverage is important, it's important to have coverage counsel as well, says Scott Godes, Partner and Co-Chair, Insurance Recovery and Counseling Practice, and Co-Chair, Data Security and Privacy at Barnes & Thornburg LLP. Scott joins host Andy Anderson to walk through the details of a case he dealt with. They discuss: - Direct and indirect loss — covering both Scott's opinions and those of the courts. - Why the language in an insurance contract is so important in deciding cases like these. - Tips on how to evaluate and buy insurance.- How coverage counsel can help you receive coverage when your insurance company refuses to pay.The Cyber Crime Lab Podcast is brought to you by DataStream Insurance.When the worst happens, you want the best financial, legal, and technical support to get you back up and running again. With Cyber Insurance from DataStream, we offer the most comprehensive insurance coverage on the market alongside critical post-incident customer support — all for the price of a cup or two of coffee each day. Make DataStream part of your business continuity plans today. Book a meeting with us at datastreaminsurance.com#cybercrime #cyberattacks #cyberinsurance

Lynda A. Bennett and Eric Jesse discuss insurer-imposed “litigation guidelines” that can handcuff defense counsel's ability to vigorously defend a lawsuit, but that insurance companies see as a “cost saving” mechanism. Often employing a one-size fits all approach for different types of lawsuits, these “guidelines” are not requirements and can actually be negotiated: they are not actual terms or conditions in the policy, they cannot impede an attorney's ethical obligations of zealous advocacy, and courts evaluate the validity of the guidelines against a reasonableness standard. Ultimately, open communication with insurers can ensure a smooth process. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery

Lynda A. Bennett, chair of Lowenstein's Insurance Recovery practice, continues her conversation with David Anderson, partner and head of Cyber at McGill and Partners, about changes to the London Market's cyber insurance policy form that significantly expands the scope of its war exclusion by including not only formal declarations of war, but also nation state-backed cyber-attacks. Lynda and David explore how stakeholders reach consensus on the definitions of such terms as “insurable events,” “state-backed attacks,” or “ability to function”; and how policyholders should proceed in anticipation of other insurers reacting to London's expansion of this exclusion. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  David Anderson CIPP/US, Partner, US Head of Cyber at McGill and Partners

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 away, to asking for a waiver of ‘the consent to settle' provision. They also emphasize the importance of coverage counsel in instances where it is necessary to enforce specific policy language, leverage the business relationship, educate the mediator, or prod the carrier. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Eric Jesse, Partner, Insurance Recovery

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 hurricane, tornado, or other natural disaster. They discuss the importance of reviewing your sublimits annually, as well as named perils, business interruption coverage, and proof of loss. Speakers:Lynda A. Bennett, Partner and Chair, Insurance Recovery Group Michael D. Lichtenstein, Partner, Insurance Recovery

On this episode of “Don't Take No for an Answer,” host Lynda A. Bennett talks to Bill Denver, Special Counsel in Lowenstein's Insurance Recovery Group, about how companies can secure coverage for long tail liabilities even when they do not have copies of the insurance policies that were issued decades ago to cover those damages and losses.  The duo discuss how to uncover these ancient, occurrence-based policies, or at least sufficient secondary evidence of them to prove the existence of coverage.  They also talk about why these policies are so valuable to provide coverage for sexual abuse, asbestos, environmental or talc risk exposures.   Lynda A. Bennett, Partner and Chair, Insurance Recovery William Denver, Special Counsel, Insurance Recovery  

Part II of the Loss of Value Policy. If you tuned into Episode 7 then I fear that you might have walked away with only one side of the Loss of Value Policy. You are going to fight hard to come back from injury, and when you are preparing to get drafted you may feel like it's all done. But be prepared for one….more…..fight. Insurance companies are not going to hand out multi-million dollar settlements without a good ole legal bout. So who are you going to send into the ring with these insurance giants to fight on your behalf? Who are you gonna call?It's not the Ghostbusters. Don't worry, I have an Insurance Recovery Titan on speed dial…Sit back, relax, and take some notes as I speak with Richard Giller; Partner and head of the Insurance Recovery and Counseling practice group at Greenspoon Marder LLP.Time Stamps:Introduction of Tonights Guest: 1:50 Mr. Giller's Background: 6:00PTD and LOV Overview 10:00The Devil is in the details: 14:00Difference between protecting athletes and protecting sports teams: 19:00The front end and back end of the claims process: 23:50How early should you be in contact with Mr. Giller: 26:15Who's paying for these policies: 27:30Interesting Loss of Value stories 35:40Wise words: 53:00Top Career Advice: 54:20

In our first episode of Cyber Security & Insurance Leaders, our host Anthony, CEO at Asceris, catches up with Scott Godes, Partner and Co-Chair at Barnes & Thornburg LLP.What's in it for you1. How to navigate the liability-void between general insurance and professional liability insurance2. The best metrics to measure success for and with your clients3. Insights on how to start and retain a successful career in the industry4. How to ensure long-lasting business partnerships between insurance carrier and the insured in case of crisis--------About ScottCo-chair of the firm's Data Security and Privacy and Insurance Recovery and Counseling Groups, Scott has helped insureds recover more than $1 billion. Scott is dedicated to helping his clients recover their insurance benefits. By taking on matters that are often difficult, complicated and untested – including two of the first cyberinsurance coverage cases in the country – Scott works to design a creative, optimized path to problem solving that enhances their chances of recovery. Effective, thorough and practical, Scott is valued by clients and colleagues alike for his depth and breadth of knowledge and experience in insurance law, and for finding the right solution to each client's distinct problem.About Barnes & Thornburg LLPBarnes & Thornburg is a national, full-service AmLaw 100 law firm with over 700 legal professionals throughout 20 offices across the country with experience in all the legal practice areas required to do business in today's global marketplace.--------About the host AnthonyAnthony is passionate about cyber insurance. He is the CEO of Asceris, where they enable their clients to respond to cyber incidents quickly and effectively. Anthony is originally from the US, but lives in Europe now with his wife and two children. Get in touch with Anthony via LinkedIn or email ahess@asceris.com --------Show notes ScottFind Scott on LinkedIn https://www.linkedin.com/in/scottgodes/ Scott's company Barnes & Thornburg LLP https://btlaw.com/ Thanks to our friends at SAWOO for producing this episode for us! 

In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as the scope of the release, indemnification, and subrogation, before or after reaching agreement on the dollar value; and they share war stories about what can happen before the deal actually closes.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

Mediation is being used with increased frequency to resolve complex insurance coverage disputes between policyholders and insurers. As this trend continues, “Don't Take No For An Answer” takes a deep dive into the mediation process.  In part 1 of a new series, Lowenstein Sandler Insurance Recovery lawyers Lynda Bennett, Andrew Reidy, and Joseph Saka discuss the nuts and bolts of how policyholders should prepare for the mediation process, including identifying the right time to mediate a case, how to select a mediator, who should attend the mediation, considerations for making demands, and how to handle exchanging briefs/opening statements. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery Andrew Reidy, Partner, Insurance Recovery Joseph Saka, Senior Counsel, Insurance Recovery

Lynda, joined by Douglas Worth, SVP, Regional Claims Leader at Willis Towers Watson, and Eric Jesse, Partner in the Insurance Recovery Group, start off the new year taking a deep dive into the practical elements of the representations and warranties insurance (RWI) claims process. The trio explores the RWI market and shares practical tips policyholders can employ to foster a smooth claim adjustment process and maximize insurance recovery. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Eric Jesse, Partner, Insurance Recovery Douglas Worth, SVP, Regional Claims Leader, Willis Towers Watson

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 been facing across the nation. The trio cover how COVID has intersected with various coverage lines over the past two years, assess where business interruption and property damage claims currently stand in federal and state courts, and forecast where coverage for COVID-related claims is headed in 2022. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Eric Jesse, Partner, Insurance Recovery Joseph M. Saka, Senior Counsel, Insurance Recovery

Exploring the very interesting and topical area of additional insured (AI) coverage and contractual risk transfer, Lynda and Michael discuss what it means to be an AI, how to secure AI status on another company's insurance policy, and the various types of endorsements that are used to provide AI coverage. In this episode, the duo identify the risks and values associated with securing or providing AI coverage through contractual obligation. They note that courts take varying views on the issue of scope and reinforce the importance of using clear language in contracts to confirm the intent of the AI coverage conferred. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

With insurance policies being governed by state law, and interpretation varying from state to state, where your lawsuit is venued matters. There is a cyclical history of insurers and policyholders strategically filing suits in jurisdictions they believe will be most advantageous for the cases. Since the onset of COVID-19, there has been a sharp uptick in the number of pre-emptive lawsuits filed by insurers. In today's episode, Lynda and Michael discuss coverage litigation “leapfrog” or pre-emptive strike litigation, why venue matters, and tips on how to avoid pre-emptive strike actions or respond when you do get jumped in an unfavorable jurisdiction. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

In the defense of a claim, the relationship between the policyholder, the insurer, and the defense counsel, also known as the tri-partite relationship, is important. Though each party's approach to settling a claim may be different, their working relationship doesn't have to be difficult. In today's episode, Lynda, joined by Loren Pierce, partner at Bressler, Amery & Ross, P.C., and Tom Quinn, partner at Wilson Elser, share some of the difficult dilemmas that can sometimes arise within the tri-partite relationship, providing techniques for how policyholders can make the road to settlement a little less bumpy.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Loren Pierce, Partner, Bressler, Amery & Ross, P.C. Tom Quinn, Partner, Wilson Elser

To the dismay of many corporate policyholders, when Mother Nature strikes, leaving significant property damage and business interruption in her wake, insurers aren't always willing to save the day. Insurers like to collect premiums for first-party property polices, but they do not like to pay full value once a claim is presented. In today's episode, Lynda, joined by Eric Jesse, partner in the Insurance Recovery Group and Stefanie Jedra, CPA and Senior Manager at Marcum LLP, explore the steps policyholders should take before and after catastrophic weather events to secure full value for their claims.  Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Eric Jesse, Partner, Insurance Recovery Stefanie Jedra, CPA and Senior Manager, Marcum LLP

In this episode, Sarah Turpin, Insurance Recovery and Counseling partner in our London office, discusses insurance coverage for COVID-19-related losses in the United Kingdom, including the UK Supreme Court's important decision in a test case regarding business interruption insurance earlier this year, some key coverage issues and strategies for maximizing recovery.

Although the time may be right to settle that underlying action, issues can arise when your insurer is not on the same page, especially if the insurer has agreed to defend the claim subject to a reservation of rights on indemnity. In today's episode, Lynda and Michael analyze various claim scenarios to provide insights on how to bring the insurer to the settlement table and strategies for settling a case when the insurer refuses to participate in a way that preserves right to secure coverage later. It is not always seamless or comfortable, but we are here to help smooth that process. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

In the wake of the COVID-19 pandemic, litigators were forced to pivot their practice and adapt to virtual technology to continue pursuit of their matters. Analyzing the benefits and drawbacks to this new virtual world, today, Lynda, joined by Michael Kaplan, Partner in Lowenstein's Litigation Department, and Robin Goldfischer, SVP and GC at the Valley Hospital, share insights on what should stay and what gets lost over the video screen. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael Kaplan, Partner, Business Litigation Robin Goldfischer, Senior Vice President and General Counsel, Valley Hospital

Continuing the discussion about representations and warranties insurance (RWI) from last week's episode, Lynda, joined by Eric Jesse, Partner in Lowenstein's Insurance Recovery Group, and Emily Maier, Senior Vice President and National Group Leader of the M&A Insurance Practice at Woodruff Sawyer, discuss the most important aspect of RWI policies–getting claims paid. Sharing lessons learned from Lowenstein's RWI survey, they uncover how policyholders should work the claims process and best practices to get insurers to pay claims. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Eric Jesse, Partner, Insurance Recovery Emily Maier, Senior Vice President, National Group Leader - M&A Insurance, Woodruff Sawyer

Popular in the M&A world, representations and warranties insurance (RWI), is now more than just a way for buyers to stand out in an auction process, but a requirement to stay competitive within it. In today's episode, Lynda is joined by Eric Jesse, Partner in Lowenstein's Insurance Recovery Group, and Michael Wakefield, Transaction Liability Practice Group from CAC Specialty to discuss the current state of play in the RWI market, how it has changed in a COVID-19 world, its anticipated future, and its impact on the challenges of the SPAC market discussed in our past episode. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Eric Jesse, Partner, Insurance Recovery Michael Wakefield, Senior Vice President – Transactional Insurance Practice Leader, CAC Speciality

We are starting to see a trend, especially in D&O policies, in which both insurers and policyholders are locking horns over whether a claim is related to an earlier filed claim or not. Policyholders need to approach this issue carefully, taking into consideration policy limits, self-insured retention and a myriad of policy exclusion traps. In today's episode, Lynda and Michael discuss relatedness issues, analyzing the pros and cons of advocating for a claim to be related to an earlier asserted claim, and highlight some strategies to use to determine the best approach to maximize coverage. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

In this episode, Carolyn Branthoover, a partner in our Insurance Recovery and Counseling practice, discusses insurance coverage for COVID-19-related losses in the United States, including key coverage issues, recent legal developments, and strategies for maximizing recovery.

In this episode, Carolyn Branthoover, a partner in our Insurance Recovery and Counseling practice, discusses insurance coverage for COVID-19-related losses in the United States, including key coverage issues, recent legal developments, and strategies for maximizing recovery.

Since our last episode on SPACs, the market has cooled some as prime targets are harder to source and capacity in the insurance market continues to squeeze. With skyrocketing premiums and a quick turnaround in the underwriting process, the market is starting to consider the next natural step in the process – the claims that are likely to flow from some of these deals.  Through the insurance lens, the burning question is whether SPAC and deSPAC claims will actually be paid? Policyholders are also wondering whether the claims process will be smooth or complex? Will there be unintended consequences flowing from the speed at which these complicated transactions have proceeded? In today's episode, Lynda Bennett and guests Steve Shappell, Alliant Specialty Claims and Legal Practice Leader, and Ron Borys, Senior Vice President and Financial Institutions Practice Group Leader from Alliant Insurance Services, provide insight on what to except and how to prepare when the claim process begins. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Steve Shappell, EVP Specialty Claims and Legal Practice Group Leader, Alliant Insurance Services Ron Borys, Senior Vice President and Financial Institutions Practice Group Leader, Alliant Insurance Services

We have all heard about the alarming and ever increasing number of security breaches and ransomware attacks facing businesses. With bad actors continuously evolving and presenting new risks, most companies now fortunately have solid dedicated cyber insurance policies in place to help navigate through many of the adverse consequences that flow from a security breach, but how much longer can that last? Will the insurance industry continue to write these policies and pay these claims without a fight? In today's episode, Lynda Bennett explores these important questions with guests David Finz, Vice President of Cyber Risk at Alliant Insurance Services, and Steve Shappell, Alliant's Specialty Claims and Legal Practice Group Leader. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  David Finz, Vice President of Cyber Risk, Alliant Insurance Services Steve Shappell, EVP Specialty Claims and Legal Practice Group Leader, Alliant Insurance Services

Moderator - Nathan Koppel, Director of Media RelationsFeatured Speakers - Adrian Azer  - Partner, Insurance Recovery Practice GroupLeslie Thorne - Partner, Insurance Recovery Practice Group

After the unprecedented challenges 2020 brought to every business and industry, many companies saw increases in their premiums and self-insured retentions. Many companies are now going into their next D&O insurance renewal with some level of fear and trepidation. Rob Crocitto from ARC Excess & Surplus Lines joins Lynda Bennett in this episode to discuss what to expect and how to prepare for this year's D&O renewal market. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Robert D. Crocitto, Principal Broker & Chief Sales Officer, ARC Excess & Surplus, LLC

This episode is a continuation of Lynda's conversation with Bridget Choi, Deputy Counsel and Managing Director of Strategy at Kivu Consulting, and David Anderson, VP within Lockton Insurance's Cyber Technology Group, about ransomware claims. Today our guests focus on how to respond in the event your company is hit with a ransomware attack and how to maximize insurance coverage for the full array of costs that will be required to respond. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Bridget Choi, Deputy Counsel and Managing Director of Strategy, Kivu Consulting David Anderson, Vice President, Lockton Insurance's Cyber Technology Group

In this episode, Lynda is joined by Bridget Choi, Deputy Counsel and Managing Director of Strategy at Kivu Consulting, and David Anderson, VP within Lockton Insurance's Cyber Technology Group, to discuss the current state of the cyber insurance market, focusing on ransomware claims. Our guests explain how ransomware attacks happen, offer practical tips on how to avoid them, and provide insight into how to distinguish your company as a good risk in the underwriting review process. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Bridget Choi, Deputy Counsel and Managing Director of Strategy, Kivu Consulting David Anderson, Vice President, Lockton Insurance's Cyber Technology Group

Lynda and Michael discuss the importance of and practical considerations for policyholders providing timely notice of claims to their insurance carriers. They also highlight a few reasons policyholders may feel like they don't want to give notice of claims–but really should. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

Our first episode introduces hosts Lynda Bennett and Michael Lichtenstein and discusses why Lowenstein Sandler started the podcast series “Don't Take No for an Answer.” The first episode touches on key insurance concepts that policyholders should understand, including making sure you seek knowledgeable policy counsel, have a strong broker, and don't take no for an answer with regard to claim payout. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

As companies become exposed to bigger risks, from environmental and product liability to D&O and cyber, general liability policies are no longer the practical choice. In this episode, Lynda and Michael discuss the need for specialized insurance brokers and policies. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

Who gets to pick the lawyer? In this episode, Lynda and Michael discuss panel counsel provisions in insurance policies. They also discuss rates, potential disputes that may arise when choosing a lawyer, and litigation management guidelines. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

Today, Lynda and Michael discuss how to handle all the requests that come from an insurance carrier once a policyholder gives notice of a claim. They highlight the extent to which a carrier can request information, whether the requests are reasonable, and how to manage privileged information. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

In our second episode, the team discusses the role that brokers play in the policy placement and claim dispute processes. The key is understanding how a broker acts in a policyholder's best interest, and under what circumstances a “name brand” broker is needed. Speakers: Lynda A. Bennett, Partner and Chair, Insurance Recovery  Michael D. Lichtenstein, Partner, Insurance Recovery

As we see liability actions relating to plastics creeping into the nation's dockets, what types of claims will survive? How much more of this might we see? And if it really hits the fan, how will insurance companies respond? Will policyholders find protection in their comprehensive general liability policies? Their directors and officers policies? Other policies?  It was my pleasure to interview Mikaela Whitman for what was an informative and insightful podcast on this potentially enormous area of litigation. It's based on her article — One Word: Plastics. Two Words: Pollution Exclusion. Why CGL Policies Should Cover Plastics-Related Liabilities — which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation  in January 2021.Mikaela (mwhitman@pasichllp.com) is a partner in Pasich LLP's New York office and a member of the firm's insurance recovery practice. Her practice focuses on the representation of insureds in all phases of insurance coverage recovery, from pre-suit negotiations through alternative dispute resolution and litigation. The Journal is a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how awesome Mikaela is, drop me a note at Editor@LitigationConferences.com.We hope you enjoy the interview.

Featuring - Ernest Martin, Partner and Chair of Insurance Recovery Practice Group at Haynes and BooneLeslie Thorne, Partner and Co-Chair, Litigation Practice Group at Haynes and BooneModerator - Adrian Azer, Partner at Haynes and BooneHost - Gilbert Porter, Chair of COVID-19 Task Force and Partner at Haynes and Boone

In this brief podcast, Mr. Lambert discusses how policyholders can draw support from government directives and court decisions arising from the pandemic to show that “physical loss or damage” has occurred, triggering coverage under their property policies. He examines one of the first legal decisions related specifically to this pandemic, the Pennsylvania Supreme Court decision in Friends of DeVito v. Wolf, and explains how this decision and other governmental orders provide useful insight into how courts might equate this situation to other, more well-traveled areas of the law.Policyholders should continue to consult the terms of the policies, document any property damage and loss of income traceable to the pandemic, and consult with their brokers and legal professionals regarding the advisability of making a claim for insurance coverage. Brouse McDowell's Insurance Recovery Practice is here to help. We have been at the forefront of legal developments in insurance for more than 30 years, including leading critical amicus efforts in federal and state courts. Our attorneys advise policyholders in navigating insurance claims of all types to maximize net recovery, from claim submission through the resolution of disputes in litigation.MUSIC CREDITSYour Choice by Alex Menco | https://alexmenco.netMusic promoted by https://www.free-stock-music.comCreative Commons Attribution 3.0 Unported Licensehttps://creativecommons.org/licenses/by/3.0/deed.en_US

As the coronavirus pandemic impacts companies around the globe, the landscape of Directors & Officers (D&O) Insurance is changing. Carolyn Rosenberg, a partner in Reed Smith’s Insurance Recovery Group and one of the nation's leading D&O liability insurance lawyers, and Kevin LaCroix, executive vice president at RT ProExec and author of the influential blog The D&O Diary, discuss anticipated D&O claims and underwriting issues in light of COVID-19; and they offer practical suggestions for renewal.For more information, please visit Reed Smith's Insurance Recovery page.For more information on the legal and business implications of COVID-19, visit the Reed Smith Coronavirus (COVID-19) Resource Center.

As the economic impact of the coronavirus pandemic continues to grow, many business leaders may be trying to understand the magnitude of their organizations’ financial losses. But attempting to quantify incurred loss during an ongoing and evolving crisis is nearly impossible—only after it’s over can the full business impact be determined. What steps can companies take now to calculate and recover losses sustained from the COVID-19 crisis? This episode of Resilient features Katie Pavlovsky, principal with Deloitte Risk & Financial Advisory, and Vincent Morgan, partner, Insurance Recovery and Advisory at Pillsbury Winthrop Shaw Pittman LLP. Together they explore what company executives may be able do to better to understand loss exposure and recovery coverage in the near-term, and how they might tap into potential relief. They also discuss the importance of cross-functional collaboration and data-driven analyses when evaluating the impact. And in a world where little is predictable, they share insights on how business leaders may be able to identify and plan for ongoing risk related to the crisis.

In this episode, Brouse McDowell attorneys Stacy RC Berliner and Andrew W. Miller discuss insurance coverage for COVID-19 related losses, including policy triggers for coverage from direct physical loss or damage, the period of indemnity, exclusions that insurers might assert to avoid coverage and other potential coverages that may be included under your commercial property policy.

Attorney Richard Giller specializes in sports event cancelations, loss of value insurance for college & pro athletes, & disability claims. Richard joins Andrew this week to discuss the various legal issues in the sports world as it relates to the Coronavirus.

Jodi and Elizabeth talk about the changes in medical evidence and the coverage implications this has created. Jodi explains the triggers in asbestos cases and Elizabeth gives us a crystal ball look into the future.

Partner Steve Augustino discusses efforts by the federal government to combat illegal calls to mobile phones. He covers what an illegal call really is, highlights of December’s Pallone-Thune TRACED Act, and what’s next for the FCC. For continued coverage of the Telephone Consumer Protection Act (TCPA), and other communications issues, please visit and subscribe to our blog, CommLaw Monitor, at www.commlawmonitor.com. Also check out Kelley Drye’s TCPA Tracker newsletter, produced as a collaborative effort between Kelley Drye’s Litigation, Advertising/Privacy, Communications and Insurance Recovery practices to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC www.kelleydrye.com/News-Events/Pub…rs/TCPA-Tracker.

Partner Alysa Hutnik gives a 101 level discussion on the issues involved in texting campaigns so you don't get sued in a TCPA cause of action. Telemarketing campaigns are covered by the FTC's Telemarketing Sales Rule, the Telephone Consumer Protection Act (TCPA), and every state’s telemarketing laws. It is not an area to dabble in. Dip your toe in and you might get sued. For continued coverage of telemarketing/TCPA issues, and other privacy and advertising issues, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com, our Advertising and Privacy Law Resource center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security and Kelley Drye’s TCPA Tracker newsletter, produced as a collaborative effort between Kelley Drye’s Litigation, Advertising/Privacy, Communications and Insurance Recovery practices to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC https://www.kelleydrye.com/News-Events/Publications/Newsletters/TCPA-Tracker. In addition, Kelley Drye provides a number of timely and topical communications. Sign up here to receive Kelley Drye email communications tailored to your interests here https://www.kelleydrye.com/News-Events/Communication-Preferences

Partner Alysa Hutnik gives a 101 level discussion on the issues involved in texting campaigns so you don't get sued in a TCPA cause of action. Telemarketing campaigns are covered by the FTC's Telemarketing Sales Rule, the Telephone Consumer Protection Act (TCPA), and every state’s telemarketing laws. It is not an area to dabble in. Dip your toe in and you might get sued. TCPA 101 Webinar Calling and texting your customers? Class action lawsuits under the Telephone Consumer Protection Act of 1991 (TCPA) remain one of the most frequently-filed lawsuits by plaintiffs’ attorneys seeking multi-million dollar settlements. The Federal Trade Commission and State Attorneys General also continue to actively enforce other federal and state telemarketing laws. These laws raise a number of compliance issues from defending the type of platform you use to make your outbound calls or texts, whether and how you scrub your campaigns against applicable do not call lists, and your exposure under third party liability theories for the actions of others. Join partners Alysa Hutnik and Lauri Mazzuchetti for an overview of calling and texting-related laws (both for telemarketing and informational calls/texts) and best practices. The program will cover: Federal and state laws concerning calling, texting, and dialers TCPA litigation trends Best practices to reduce risk Register here https://kelleydrye.zoom.us/webinar/register/WN_kuH5dCR7RaKR0aWhf6Ucxw For continued coverage of telemarketing/TCPA issues, and other privacy and advertising issues, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com, our Advertising and Privacy Law Resource center at www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security and Kelley Drye’s TCPA Tracker newsletter, produced as a collaborative effort between Kelley Drye’s Litigation, Advertising/Privacy, Communications and Insurance Recovery practices to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC. In addition, Kelley Drye provides a number of timely and topical communications. Sign up here to receive Kelley Drye email communications tailored to your interests here www.kelleydrye.com/News-Events/Com…ion-Preferences

In this episode we discuss the changing look of plaintiffs and secondary exposure as it relates to asbestos. Secondary exposure has been a noticeable trend in KCIC's report of asbestos-related claims. Brouse McDowell's Jodi Spencer Johnson and Elizabeth Hanke of KCIC discuss these trends in more detail.

One of the many facets of the construction contract is the Insurance Provisions. In this episode, we address the importance of reviewing these provisions and provide tips to navigate and comply with these contractual requirements.

In Ohio and nationally, insurers and policyholders continue to battle over whether there is insurance coverage for injury or damage that arises from defective construction. In this episode we address issues such as who is responsible for paying and other questions related to defective construction.

February 13, 2014 | Polsinelli’s Insurance Recovery attorneys have a strong background in helping policyholders navigate the myriad of issues that can occur when dealing with insurance companies. We understand that coverage disputes with insurance companies involve asset preservation as well as asset recovery, and we work with clients to maximize their insurance coverage investment, as it relates to their specific business functions, in order to minimize long-term costs. In this week's "Inside Law" podcast, Insurance Recovery Chair Troy Froderman walks you through what you need to know before considering how to handle a dispute.