Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer Lowenstein Sandler LLP

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 Recovery
Alexander B. Corson, Associate, Insurance Recovery

In this episode of “Don’t Take No for an Answer,” host Eric Jesse is joined by Jeff Rubocki, senior managing director of the Private Equity practice at Risk Strategies, to predict what the rest of 2024 may hold from a reps and warranties insurance perspective. They address what changes to expect as deal flow begins to resume, pro tips for M&A and PE buyers, and how R&W insurers have adapted to the current market. They also discuss the pivotal role of communication in streamlining processes and achieving excellence, and offer practical strategies with actionable advice. 
Speakers:
Eric Jesse, Partner, Insurance Recovery
Jeff Rubocki, Senior Managing Director, Private Equity Practice, Risk Strategies

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 market, in which they explore the rollercoaster ride experienced by policyholders over the past four years, particularly during the challenging COVID period. They share valuable perspectives on the current state of the D&O market, covering topics such as premium pricing, coverage flexibility, negotiations during renewal seasons, the impact of COVID-related questions, emerging challenges in industries like banking, healthcare, crypto, and cannabis, as well as the growing focus on ESG and DEI initiatives. Additionally, they anticipate increased attention to AI exposures in 2024, discussing potential supplemental applications and underwriting considerations in the evolving landscape of artificial intelligence.
Speakers:
Lynda A. Bennett, Partner and Chair, Insurance Recovery
Robert D. Crocitto, RPLU, President, ARC Excess & Surplus
Lynn C. Mirabella, Broker, ARC Excess & Surplus

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 Recovery
Eric 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 Resolution
Lynda A. Bennett, Partner and Chair, Insurance Recovery
Michael A. Kaplan, Partner, White Collar Criminal Defense
Ruth Fong Zimmerman, Associate, Litigation

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, partner in Lowenstein’s White Collar Criminal Defense group, and Ruth Fong Zimmerman, an associate in the Litigation Department, to talk about the emergence of mass arbitrations and mediations in the class action space. Mandatory arbitration clauses were originally intended as a way to avoid expensive class actions; now they are being leveraged by litigation funders to generate massive arbitration fees before anything is known about the asserted claims. Targeted advertising, automated claims filing systems, data aggregation, and even artificial intelligence, are being used to generate thousands of individual arbitration claims in what is essentially a mass arbitration. In this episode, the panel discusses this emerging trend, including the options available to companies hit with these types of requests and how the insurance industry may react to it.
Speakers:
The Honorable Freda L. Wolfson (ret.), Partner and Chair, Alternative Dispute Resolution
Lynda A. Bennett, Partner and Chair, Insurance Recovery
Michael A. Kaplan, Partner, White Collar Criminal Defense
Ruth Fong Zimmerman, Associate, Litigation