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BT Policyholder Protection Blog
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04 Nov 2016 Upcoming Webinar: Attorney Ethics in Insurance Coverage Matters

  Several members of Barnes & Thornburg’s Insurance Recovery and Counseling Practice Group will be speaking in an upcoming webinar, “Attorney Ethics in Insurance Coverage Matters,” scheduled for Dec. 6 from 3 – 4:30 p.m. EST.   Key takeaways include:   Learn about specific situations that give rise to a potential right to independent counsel and concerns that you as a policyholder should consider when deciding whether to insist on independent counsel. Additionally, learn how different states including yours resolve whether a right to independent counsel exists. Understand problematic provisions in insurance company outside counsel guidelines and the effect on representation and malpractice coverage. Hear tips for negotiating outside counsel guidelines with insurance carriers to avoid unreasonable burden. Finally, gain guidance on the sometimes complicated privilege and…

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14 Sep 2016 Upcoming Webinar: Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts

  Ken Gorenberg of Barnes & Thornburg’s Chicago office will be speaking in an upcoming Strafford live webinar, “Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts,” scheduled for Wednesday, October 19, 1:00pm-2:30pm EDT.   Indemnification and hold harmless provisions are included in most commercial contracts, including sales agreements, leases, lending agreements, software licenses, construction contracts and M&A agreements. These clauses allow parties to contractually allocate risk and reduce liability exposure. Effective indemnification clauses clearly outline risks that are indemnified, exclusions from indemnity, and procedures for making an indemnification claim.   When negotiating and drafting indemnification and hold harmless clauses, counsel for contracting parties must anticipate and address potential statutory limitations, as well as enforcement and procedural hurdles.   The panel will review these and other…

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17 Aug 2016 Upcoming Webinar on Aug. 23: What Keeps You Up At Night?

  It can be invaluable to implement a strong compliance program and back it up with a well-considered insurance program. Barnes & Thornburg’s compliance, insurance and white collar attorneys are hosting a complimentary webinar on Tuesday, August 23, 2016 at 3 p.m. (Eastern) that will introduce tools to evaluate and manage emerging risks – the ones that keep you up at night and how they can be covered by insurance.   Specifically, our insurance recovery attorneys will discuss insurance coverage that may be available for government investigation and litigation defense under a variety of policies, including directors and officers (D&O), professional errors and omissions (E&O), cybercrime, and commercial general liability policies. Reviewing your coverage may result in finding “hidden treasure” that might relieve your company – and individual…

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07 Mar 2016 Join us: Insurance Considerations in Mergers and Acquisitions

  Mark your calendar and join us for an insurance webinar on Wednesday, March 16 at 3 p.m. (Eastern) to help your company identify and navigate important insurance coverage issues in M&A deals. Reflecting the collaboration that is valuable in many transactions, attorneys from our Insurance Recovery and Counseling Practice Group are teaming up with our corporate attorneys for this online roundtable and live Q&A.   Topics will include: Buyer’s Insurance Due Diligence: How a buyer can assess the seller’s insurance coverage program, as well as its own. M&A Contract Terms Relating to Insurance: What coverages the parties will require and the wording of those requirements in the agreement. Underwriting and Modification of Insurance to Accommodate the Deal: What the buyer or seller may want…

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29 Dec 2015 Barnes & Thornburg Named an Insurance Practice Group of the Year by Law360

Barnes & Thornburg LLP’s insurance practice has been named a 2015 “Practice Group of the Year” by Law360. An article featuring the firm’s Insurance Recovery and Counseling group will be published by Law360 on January 5. The group represents corporate and individual policyholders in analyzing and enforcing their rights under property and liability insurance policies and in disputes with their insurance companies.   “It is an honor for us to be recognized with this award,” said Charles P. Edwards, co-chair of the practice group. “It has been a big year for our attorneys, who have worked tirelessly to help our clients achieve positive outcomes.”   Law360 selects winners based on the significance, size and complexity of the litigation wins or deals. In 2015, lawyers in…

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16 Dec 2015 Andy Detherage and Charlie Edwards present Lessons from a Recent $204 Million Jury Verdict Against 17 Insurers

Andy Detherage and Charlie Edwards, co-chairs of the firm’s Insurance Recovery & Counseling Practice Group, recently provided two CLE’s on the subject “Handling A Complex Insurance Claim:  Lessons From A Recent $204 Million Jury Verdict Against 17 Insurers.”   On Dec. 4, Andy and Charlie presented at the Winter ACCumulate Conference for the ACC Indiana chapter. Nearly 60 in-house counsel members of the chapter attended the event which was held at the MISO headquarters in Carmel, Indiana.   On Dec. 15, Andy and Charlie, joined by Andrea Warren of the Indianapolis office, did a similar presentation via webinar to a group of approximately 30 participants.   Both presentations included the following topics: Understanding your coverage Putting together your claim Avoiding procedural traps The importance of preparation…

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10 Sep 2015 Barnes & Thornburg Represents Simon Property Group in $204 Million Trial Victory

A Barnes & Thornburg team led by partners Andrew Detherage and Charles Edwards representing Simon Property Group, a global leader in retail real estate ownership, management and development, won a $204 million jury verdict after a six-week trial in Nashville, Tenn. The trial related to flood losses that occurred in May 2010 at the Opry Mills mall in Nashville. The verdict included both covered losses and consequential damages in excess of the coverage limits. The jury also awarded additional consequential damages in an amount to be determined by the trial judge.   The trial involved 17 insurers who refused to pay for losses above the first $50 million layer of coverage. The verdict follows a favorable summary judgment ruling in March 2015 in which the…

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08 Sep 2015 Now available for viewing – Insurance Law Webinar: You’re Covered, But…

Two weeks ago, attorneys from our Policyholder Insurance Recovery and Counseling practice group hosted a webinar which featured discussion on tips to help policyholders get all the coverage they bargained for. The webinar was recorded and is now available for viewing.   The speakers and topics in the webinar include:   Full Coverage – An Insurance Agent’s Duty to Advise? Robert G. Devetski, Partner, Barnes & Thornburg   Absent a “special relationship,” an agent generally owes no duty to advise a policyholder about the adequacy of coverage. Here we consider factors which can create that “special relationship” and a resulting duty to advise.     Your Liability Insurer Agreed to Defend? Don’t Relax Yet John Fischer, Partner, Barnes & Thornburg   Getting your liability carrier…

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04 Aug 2015 Join Us for an Insurance Law Webinar: You’re Covered, But…

Mark your calendar and join us for an insurance webinar on Tuesday, August 25 at 3 p.m. (Eastern). The Barnes & Thornburg Insurance Recovery and Counseling attorneys will provide tips to help your company get all the coverage it bargained for. The program is complimentary, and 1.5 hours of CLE credit is pending. You don’t want to miss this!   Full Coverage – An Insurance Agent’s Duty to Advise? Robert G. Devetski, Partner, Barnes & Thornburg Absent a “special relationship,” an agent generally owes no duty to advise a policyholder about the adequacy of coverage. Here we consider factors which can create that “special relationship” and a resulting duty to advise.   Your Liability Insurer Agreed to Defend? Don’t Relax Yet John Fischer, Partner, Barnes…

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28 May 2015 Management of Insurance Claims Webinar – Now Available for Viewing

In April, Barnes & Thornburg insurance recovery attorneys presented on best practices in managing insurance claims. The webinar was recorded and is now available for viewing.   Featured speakers discussed:   The Importance of Choice of Law – Adam Hollander This overview identified several fundamental variations in substantive state coverage law, different choice of law approaches throughout the country, and choice of law issues that all policyholders should consider to optimize their chances for a successful recovery.     Top Ten Tips for Pre-Litigation Coverage Practice – Andrea Warren This assessment highlighted the importance of initial communication with your carriers and provided best practices for getting your claim paid without litigation—or improving your position if coverage litigation is necessary.     Strategies for Creating a…

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