Current State of Play with SPAC Litigation and Available Insurance Coverage
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
Release Date: 07/11/2024
Being Transparent: Seeing Through Pay Transparency Risks and Coverage
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode of Don't Take No For an Answer, partner and cover how employer transparency statutes are impacting the employment risk landscape. The statutes require employers to disclose pay ranges and benefits in job postings, putting employers at risk of substantial legal damages if they fail to comply. King and Halbing discuss how employment practices liability insurance policies may provide coverage for such risks, noting that policyholders should ensure full comprehension of the policy coverage. They advise policyholders to establish a response playbook and provide notice of...
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Deepfakes and Insurance Policy Hot Takes: Securing Coverage for AI Risks
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode of Don't Take No For An Answer, new Lowenstein partner joins host to discuss AI cybersecurity risks and how to insure them. They discuss the plethora of security risks associated with AI usage and the urgency for organizations to review their insurance policy language before a claim is presented to avoid surprises later. King and Bennett encourage listeners to make sure their patchwork quilt of coverage does not have any holes from crime to standalone cyber to professional liability to media policies. The episode concludes by discussing the rise of regulatory actions being...
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Using an Insurance-Based Strategy in Commercial Litigation
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode of "Don't Take No For An Answer," , partner in Lowenstein's group, joins host for a deep dive into how commercial litigators can turn insurance into a powerful tool in their litigation strategy. The discussion explores practical, high impact tactics—from identifying the applicable policies and satisfying notice requirements to establishing the duty to defend and securing indemnity. They also share insights on avoiding common pitfalls and maximizing coverage opportunities. The conversation wraps up with actionable advice for litigators, including why it’s critical to bring...
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When Words Matter: Lessons from 3M’s Self-Insured Retention Fight
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode of Don't Take No For an Answer, and review an update in the 3M self-insured retention decision after the Delaware Supreme Court closely ruled in favor of the insurer. The majority ruling enforced unusual language in a legacy CGL policy despite the dissent's view that the ruling elevated form over substance. Jesse and Corson advise policyholders to pay close attention to policy language and to be on the lookout for traps, even those that seem like a "pointless formality." Listen to the previous episode on this matter . Speakers: , Partner, Insurance Recovery, Associate,...
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Bad Faith No More: New York Courts Shift the Insurance Paradigm
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode of Don't Take No For An Answer, and discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift New York law in favor of policyholders by lowering the bar for policyholders to bring bad faith claims and holding insurers to higher accountability standards. Bennett and Jesse advise policyholders to document all communication with their insurers to establish a strong record of bad faith in these complex cases. Speakers: , Partner and Chair, Insurance Recovery, Partner, Insurance...
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Beyond the Defense: Exploring the Insurer’s Duty to Indemnify
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode of "Don't Take No For An Answer," host and from Lowenstein's invite guest , partner at Reichardt Noce and Young, to discuss an insurer's duty to indemnify, a lesser discussed but equally important coverage obligation as the duty to defend. The conversation notes key differences between the insurer's duty to indemnify and duty to defend, emerging approaches that courts have adopted to determine whether an insurer must pay in whole or in part for a judgment entered against or settlement reached with its insured, and ways insurers and policyholders can work...
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The Years-Long Wait: Policyholders in the Claims Handling and Negotiation Maze
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode of "Don't Take No For An Answer," hosts and 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: , Partner and Chair, Insurance Recovery, Partner, Insurance Recovery
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Excuse the Interruption: Is Business Interruption Insurance Worth It?
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this special crossover episode of “Terra Firma: Conversations on Commercial Real Estate” and “Don't Take No for an Answer,” Lowenstein’s and speak with Brad Dubler, Managing Partner and Executive Vice President of SterlingRisk Insurance, about the latest developments in business interruption insurance, which continues to become increasingly important for businesses, landlords, and tenants alike. The conversation covers the scope and limitations of traditional business interruption insurance, new legislation that allows insurance companies to issue standalone business...
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D&O Insurance and the Regulatory Environment in Trump 2.0 Administration (Part II)
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In this episode, continues her conversation with Matt Sabino and John McKenna, managing partners at ARC Excess and Surplus; Justin Kudler, senior vice president and senior claims counsel for ARC Excess and Surplus; and , Co-chair of Lowenstein’s , about the new regulatory environment in the second Trump Presidency and how the D&O insurance market is reacting. The panel discusses risks and concerns from an underwriter and policyholder standpoint; they also assess the state of existing regulatory claims, the potential change in risk profile that may impact future...
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D&O Insurance and the Regulatory Environment in Trump 2.0 Administration (Part I)
Lowenstein Sandler's Insurance Recovery Podcast: Don’t Take No For An Answer
In the first of two episodes, talks with Matt Sabino and John McKenna, managing partners at ARC Excess and Surplus; Justin Kudler, senior vice president and senior claims counsel for ARC Excess and Surplus, and , co-chair of Lowenstein’s Group, about the new regulatory environment in the second Trump Presidency and how the D&O insurance market is reacting. In episode one, the panel discusses anticipated risk changes for financial line companies and how they will intersect with premium pricing, underwriting processes and policy terms and conditions. The guests discuss how fund...
info_outlineToday, 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 related litigation and its impact on the insurance market. After a SPAC frenzy in 2020 which then slowed by 2022, SPACs appear to be popular again; Dunaevsky says these transactions still offer a good alternative to IPOs when conducted correctly, and that she expects a healthy market in the SPAC vehicle from now on. The lawyers also discuss the litigation that arose from the earlier SPACs craze, such as securities class actions and fiduciary duty cases in Delaware over issues such as misleading or fraudulent disclosures about a product, misrepresentation of revenue or growth, deceptive or fraudulent disclosures, and accounting issues. They all agree that D&O insurance is crucial for all entities involved to cover alleged wrongful acts occurring up until the closing, claims made during the time period following the transaction for wrongful acts that took place before the transaction closed, and go-forward coverage for the surviving entity; and they address a potentially helpful new structure called a combined policy for post-merge, which creates prior acts coverage for the D&Os of the original SPAC.
Speakers:
Lynda A. Bennett, Partner and Chair, Insurance Recovery
Heather Weaver, Counsel, Insurance Recovery
Yelena Dunaevsky, Esq. Senior Vice President, Transactional Insurance, Woodruff Sawyer