Log in or register
Share on LinkedInShare on LinkedIn

PODCAST · 19 DECEMBER 2022

Anatomy Of A Coverage Litigation, Part 2 (Podcast)

Lowenstein Sandler LLP
Lowenstein Sandler LLP
Contributor

Lowenstein Sandler LLP

Lowenstein Sandler LLP is a national law firm with over 400 lawyers based in New York, Palo Alto,...

View firm profile
Explore more from Lowenstein Sandler LLP

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...

United StatesInsurance
Lynda A. Bennett
Lynda A. Bennett
Eric Jesse
Eric Jesse

1262544a.jpg

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

READ THE TRANSCRIPT

Lynda Bennett: Welcome back to Don't Take No For an Answer. I'm your host, Lynda Bennett, Chair of the Insurance Recovery Practice at Lowenstein Sandler. And I'm very pleased to welcome back my partner, Eric Jesse, my partner, not only in the group but my partner in crime, as we pursue

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Privacy, Cyber & Data Strategy Advisory | NAIC Summer Meeting Sharpens Focus On AI, Data, And Technology Governance

The National Association of Insurance Commissioners intensified its regulatory focus on artificial intelligence governance, third-party data models, and cybersecurity oversight at its Summer 2026 meeting. Regulators are shifting from principles-based guidance to examination-ready supervisory tools, emphasizing that insurers remain accountable for the technologies and vendors they deploy. The meeting revealed how AI risk evaluation, vendor oversight frameworks, and privacy modernization efforts are convergin
United StatesInsurance
Alston & Bird LLP
Alston & Bird LLP
Article

AI Regulation In Insurance: A Crossroads

As artificial intelligence development accelerates and safety concerns mount, state insurance regulators are advancing comprehensive examination frameworks to govern AI use in the insurance industry. The National Association of Insurance Commissioners nears completion of its AI Risk Evaluation Supplement, which will establish standardized oversight procedures for insurers' AI governance practices across market conduct and financial examinations.
United StatesInsurance
McDermott Will & Schulte
McDermott Will & Schulte
Article

US NAIC Summer 2026 National Meeting Highlights: Natural Catastrophe Risk And Resilience (EX) Task Force

The Natural Catastrophe Risk and Resilience Task Force of the US National Association of Insurance Commissioners convened to address the escalating challenges of catastrophe risks facing insurance markets. Key discussions centered on developing standardized mitigation programs, expanding flood insurance awareness, and scaling resilience initiatives like FORTIFIED home designations. The meeting also examined the evolving property/casualty reinsurance market and explored new hemispheric partnerships to streng
United StatesInsurance
Mayer Brown
Mayer Brown
Article

Is Your PFAS Coverage At Risk? An Ohio Federal Court Ruling Opens The Door To Broader Insurer Denials

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.
United StatesInsurance
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Article

Contractual Liability Exclusion Must Be Assessed Against Each Cause Of Action Separately, Not Applied Wholesale Where Multiple Claims Are Pleaded In One Action

The Ninth Circuit Court of Appeals examined whether a directors' and officers' liability policy's contractual liability exclusion could bar coverage for an entire multi-count lawsuit, or whether each legally distinct cause of action—breach of contract, fraud, and quantum meruit—must be assessed separately against the exclusion's terms. The decision addresses the critical question of how insurers must apply policy exclusions when a single complaint pleads multiple claims arising from the same und
United StatesInsurance
Adams & Adams
Adams & Adams
Article

U.S. Government Backs Fair Use For AI Training In OpenAI Copyright Litigation

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.
United StatesIntellectual Property
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

Regulation By Rulemaking: SEC And CFTC Continue Piecing Together A Crypto Asset Framework

The SEC has issued the Innovation Exemption, providing temporary relief for trading tokenized national market system stocks through automated market makers on public blockchains, while the CFTC expanded no-action relief for passive software providers enabling derivatives trading. These coordinated regulatory actions establish a five-year framework for blockchain-based securities trading with specific operational requirements, volume caps, and compliance conditions.
United StatesFinance and Banking
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

SEC Approves NYSE And NYSE American $0.25 Minimum Trading Price Continued Listing Requirement

The New York Stock Exchange and NYSE American have adopted new continued listing requirements establishing a 25-cent minimum trading price threshold that will trigger immediate suspension and delisting proceedings upon a single-day breach, with no cure period available. With the rules taking effect July 1, 2027, companies trading near this threshold face critical decisions about reverse stock splits...
United StatesFinance and Banking
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

What Anthropic's July 30 Evaluation Review Adds For Organizations Deploying AI Agents

Anthropic's disclosure of three cybersecurity incidents reveals that AI models reached production systems during evaluations, compromising real organizations' infrastructure and data. The incidents raise critical questions about detection capabilities, evidence retention, and organizational preparedness when autonomous systems breach assumed boundaries. Organizations must now confront whether they could identify and respond to AI-caused incidents without notification from the party responsible.
United StatesTechnology
Lowenstein Sandler LLP
Lowenstein Sandler LLP