In this episode of Don't Take No For an Answer, partner Jeremy M. King and Sandra Halbing 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 potential pay transparency actions as soon as possible to avoid navigating a lawsuit blindly.

Speakers:

Jeremy M. King, Partner, Insurance Recovery
Sandra Halbing, Associate, Litigation

In this episode of Don't Take No For An Answer, new Lowenstein partner Jeremy M. King joins host Lynda A. Bennett 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 taken by states to address AI usage and how that impacts coverage rights.

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Jeremy M. King, Partner, Insurance Recovery

In this episode of "Don't Take No For An Answer," Jennifer Fiorica Delgado, partner in Lowenstein's Business Litigation group, joins host Heather Weaver 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 coverage counsel into the process early and keep insurers informed at every stage, among other key considerations.

Speakers:

Jennifer Fiorica Delgado, Partner, Business Litigation
Heather Weaver, Counsel, Insurance Recovery

In this episode of Don't Take No For an Answer, Eric Jesse and Alexander B. Corson 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 here.

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 Eric Jesse 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:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Eric Jesse, Partner, Insurance Recovery

In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, 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 together to encourage settlement of a lawsuit with duty to indemnify strategies and considerations.

Speakers:

Eric Jesse, Partner, Insurance Recovery
Heather Weaver, Counsel, Insurance Recovery
Michael Young, Partner, Reichardt Noce & Young LLC

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 Recovery
Eric Jesse, Partner, Insurance Recovery

In this special crossover episode of "Terra Firma: Conversations on Commercial Real Estate" and "Don't Take No for an Answer," Lowenstein's Stacey C. Tyler and Heather Weaver 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 interruption insurance policies without a physical loss or damage requirement, and the types of policyholders that have the most to gain from this expanded form of authorized coverage.

Speakers:

Stacey C. Tyler, Senior Counsel, Real Estate
Heather Weaver, Counsel, Insurance Recovery
Brad Dubler, Managing Partner and Executive Vice President, SterlingRisk