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BT Policyholder Protection Blog
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22 Mar 2017 Beyond the Basics: 10 Common Hurdles to Securing Coverage for Long-Tail Liabilities, Part 2

  This is the second part of a two-part article that explores 10 common issues that arise in pursuing coverage for long-tail liabilities. The first part, covering issues 1 through 5, can be found here. Today, we tackle issues 6 through 10.   6. The “Known Loss” Doctrine. The basic premise of insurance is that it protects against the risk that a policyholder may suffer an unknown loss in the future; it does not protect against losses the policyholder already knows about before purchasing the policy. The classic illustration is that you cannot purchase fire insurance for a building the day after it burns to the ground. (Of course, there are exceptions to every rule, with the most famous being the fact that owners of…

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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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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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15 Feb 2016 Scott Godes Quoted in Law360: Insurance article “Data ‘Privacy Shield’ Spurs Need for Cybersecurity Coverage”

  Scott Godes, partner and co-chair of the firm’s Data Security and Privacy Practice Group, was recently quoted in a Law360: Insurance article, “Data ‘Privacy Shield’ Spurs Need for Cybersecurity Coverage.”   The article talks about the recent “Privacy Shield” data transfer mechanism agreed to by European and U.S. officials and how it may have companies closely watching their insurance policies. The article discusses changing privacy risks and raises questions about insurance coverage for the evolving risks.   Scott is quoted multiple times in the article, including one note stating, “Policyholders should evaluate their regulatory coverage overall and be thoughtful about the coverage afforded under those policies. They should be thoughtful about the Privacy Shield and whether investigations and claims related to the new requirements…

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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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05 Jun 2015 Are we seeing a revival in Michigan environmental insurance coverage?

The U.S. District Court for the Western District of Michigan, on Feb. 3, 2015, ruled in favor of a policyholder seeking insurance coverage for “Superfund” cleanup costs:  Decker Manufacturing Corp. v. Travelers Indemnity, No. 1:13-CV-820. The court rejected the insurer’s pollution exclusion defense:   “Under this approach, the relevant discharge is the discharge from the Landfill into the environment rather than the placement of waste into the Landfill.  Travelers has not met its burden of showing that the pollution exclusion applies.  Accordingly, Travelers’ Motion for Summary Judgment on the pollution exclusion will be denied.  Moreover, because there is no evidence to suggest that Decker was on notice of any problems at the Landfill or that Decker ‘intended or expected’ that its wastes would be discharged…

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26 Mar 2015 Ken Gorenberg and Leslie Weiss to speak at upcoming Strafford live webinar A 90-minute CLE webinar with interactive Q&A

Two Barnes & Thornburg partners, Ken Gorenberg from the Policyholder Insurance Recovery Group and Leslie Weiss from the Corporate Department, will be speaking at a Strafford live webinar, “Drafting Enforceable Limitation of Liability Clauses in Business Contracts,” on Tuesday, April 14, from 1 – 2:30 p.m. EDT.   Ken and Leslie will be members of a panel that will provide guidance to business counsel for drafting and negotiating enforceable limitation of liability clauses in business contracts. This is an encore presentation with live Q&A.   The panel will review key issues such as: What considerations should business counsel take into account when drafting and negotiating limitation of liability provisions in contracts? What enforceability challenges do parties commonly face when seeking to invoke a limitation of…

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15 Jan 2015 Ken Gorenberg to speak at upcoming Strafford live webinar A live 90-minute CLE webinar with interactive Q&A

Ken Gorenberg, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, will be speaking at an upcoming Strafford live webinar, “Drafting Enforceable Limitation of Liability Clauses in Business Contracts,” on Tuesday, March 3, 1-2:30 p.m. EST.   Ken will be a member of a panel that will provide guidance to business counsel for drafting and negotiating enforceable limitation of liability clauses in business contracts.   The panel will review key issues such as: What considerations should business counsel take into account when drafting and negotiating limitation of liability provisions in contracts? What enforceability challenges do parties commonly face when seeking to invoke a limitation of liability clause? What is the interplay between limitation of liability clauses and indemnification provisions in business agreements?     We hope…

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26 Nov 2014 Thankful for Our Policyholder Clients and Insurance Professional Colleagues

This Thanksgiving, Barnes & Thornburg’s Policyholder Insurance Recovery and Counseling Practice Group is thankful for our clients and colleagues who have made us one of the largest and most recognized insurance recovery practices in the country.   Just this week, we appeared in Law360’s list of 100 law firms with the most insurance partners. Importantly, the vast majority of those firms represent insurance companies. We don’t. We exclusively represent corporate and individual policyholders, who we have helped recover hundreds of millions of dollars from insurance companies.   And we are among the nine nominees for Best Policyholders’ Counsel of the Year at Advisen’s Management Liability Awards dinner next week in New York.   We are also one of the very few policyholder practices that is…

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