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BT Policyholder Protection Blog
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23 Sep 2014 (E)stop, Hey, What’s That Sound? Insurers Get What’s Going Down

  For what it’s worth, a fight between insurance companies can sound like music to a policyholder lawyer’s ears. It’s really fun to hum along when a major insurer tries to use a classic policyholder tactic against another insurer. Two recent disputes between insurers involved the Illinois estoppel rule, which generally bars an insurer from contesting its duty to indemnify after it has breached its duty to defend. The insurance companies most definitely were not singing in harmony.   What can policyholders learn from these insurance company vs. insurance company internecine disputes? In both cases, insurance companies actually said that it is correct to estop an insurance company from raising coverage defenses. Keep that thought in your back pocket the next time an insurance company…

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18 Sep 2014 Join us Sept. 25 for Barnes & Thornburg’s National Insurance Recovery Seminar

  You’re invited to a coast to coast seminar. The Policyholder Insurance Recovery & Coverage Litigation practice group at Barnes & Thornburg is hosting a nationwide seminar on a variety of insurance recovery issues.   Join us on Sept. 25 and learn about: Insuring cyber losses Recovering under legacy policies Securing choice of defense counsel and much more   This seminar will be simulcast to attendees in each of our offices via videoconference technology. A networking reception will follow in our Eastern and Central time zone offices. Our west coast (Los Angeles office) attendees will enjoy a networking lunch before the seminar. You won’t want to miss this event!   Register today!  Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance…

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12 Sep 2014 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 Indemnification and Hold Harmless Provisions in Commercial Contracts,” on Tuesday, October 14, 1 – 2:30 p.m ET.   Ken will be a member of a panel that will be providing guidance to business counsel for drafting and negotiating indemnification and hold harmless provisions in commercial contracts. He will discuss key elements of indemnification agreements, including scope, exclusions and cost allocation; enforceability challenges; and strategies for avoiding common negotiation pitfalls.   Register by September 19 and attend the program at half off. Use this link and the offer will be reflected automatically in your cart. Kenneth GorenbergKenneth M. Gorenberg is a partner in the Chicago…

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05 Sep 2014 Reference Handbook on the Commercial General Liability Policy

  The second edition of the Reference Handbook on the Commercial General Liability Policy, published by the Tort and Insurance Practice Section of the ABA, has just been released. The book provides concise discussions of the most salient points of the commercial general liability policy, including: who is an insured, trigger, occurrence, damages, exclusions, bad faith and the Bermuda and London markets. Chapter 13, on Allocation, is authored by Barnes & Thornburg insurance recovery partner, Christopher Yetka. More information can be found here. Chris YetkaChristopher H. Yetka is a partner in Barnes & Thornburg LLP’s Minneapolis, Minn. office and a member of the firm’s Litigation Department. Mr. Yetka concentrates his practice primarily on commercial litigation matters, particularly involving insurance recovery disputes. He enforces his clients’…

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29 Aug 2014 Scott Godes to Present “Be a Cyber Risk Hero: Understand the Risks & Learn Best Practices to Get Them Insured”

  Scott Godes, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, will be presenting on cybersecurity and how to combat cyber threats at the United States Fashion Industry Association (USFIA).   During his presentation, “Be a Cyber Risk Hero: Understand the Risks & Learn Best Practices to Get Them Insured,” Scott will go more into detail of the latest cyber risks and best practices for getting insurance companies or other to pay the resulting costs.   The webinar will take place September 16 from 2 to 3 p.m.   For more information, contact USFIA at (202) 419-0444 or info@usfashionindustry.com. Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance coverage matters and technology issues. He is a partner in Barnes & Thornburg…

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28 Aug 2014 If Your System Was Attacked by “Backoff” Malware, Would Your Insurance Cover A Data Breach Involving Credit Card Numbers?

  The US Federal Government recently issued an alert regarding Backoff Point-of-Sale Malware. The advisory, which was released by the DHS (Department of Homeland Security) and US-CERT (United Stated Computer Emergency Readiness Team), states the following:       This advisory was prepared in collaboration with the National Cybersecurity and Communications Integration Center (NCCIC), United States Secret Service (USSS), Financial Sector Information Sharing and Analysis Center (FS-ISAC), and Trustwave Spiderlabs, a trusted partner under contract with the USSS. The purpose of this release is to provide relevant and actionable technical indicators for network defense against the PoS malware dubbed “Backoff” which has been discovered exploiting businesses’ administrator accounts remotely and exfiltrating consumer payment data.     US-CERT, Alert (TA14-212A), Backoff Point-of-Sale Malware, Department of Homeland Security…

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20 Aug 2014 Top 10 Reasons Insureds Don’t Report Claims or Circumstances (Part 2)

Part 2 of Top 10 Reasons Insureds Don’t Report Claims or Circumstances. Read Part 1.   6. It’s not covered. Your broker/agent, your risk manager or your trusted colleague in the legal department may tell you that the new lawsuit on your desk isn’t covered. You may review the policy and come to the same conclusion. But if you weren’t completely sure what every provision of the policy actually would cover, you can’t be sure it won’t cover that new lawsuit. You also may not be aware of possible coverage under another type of policy or one from a different time period. Your friendly outside coverage counsel may be able to help by taking a fresh look, but you can also just go ahead and give notice….

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19 Aug 2014 Top 10 Reasons Insureds Don’t Report Claims or Circumstances (Part 1)

  In your professional or your personal capacity, you probably have several opportunities to consider whether to report something to an insurance company. In many instances, there would be very little downside and plenty of upside potential if you go ahead and tell the insurer. Here are 10 reasons why insureds don’t report – and why those insureds may want to think again.   1. This demand letter is just an idle threat, and the allegations are meritless. The demand may come from an unimpressive lawyer, from an assistant regional manager of widget production or from an individual whose writing would get an F in elementary school. Or it may appear that there are no actual demands for monetary damages. You may be absolutely right that you…

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18 Aug 2014 SAVE THE DATE: Barnes & Thornburg’s National Insurance Recovery Seminar Set for September 25

  Mark your calendars for September 25, 2014, at 2:30 p.m. ET. The Policyholder Insurance Recovery & Coverage Litigation practice group at Barnes & Thornburg is hosting a seminar on a variety of insurance recovery issues.  The seminar will include the following topics: Insuring Cyber Losses – presented by attorneys Scott Godes and Carrie Raver Recovering Under Legacy Policies – presented by Jim Leonard and Kara Cleary Securing Choice of Defense Counsel – presented by Chris Jones and Ken Gorenberg.   The National Insurance Recovery Seminar will be simulcast to all of our 12 offices via video conference technology (Atlanta, Chicago, Columbus, Elkhart, Fort Wayne, Grand Rapids, Indianapolis, Los Angeles, Minneapolis, South Bend, Washington DC and Wilmington).  The seminar is complimentary and will include a…

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08 Aug 2014 American College of Coverage and Extracontractual Counsel Elects Kenneth Gorenberg as New Member

Kenneth Gorenberg, a partner in Barnes & Thornburg LLP’s Chicago office, has been elected to The American College of Coverage and Extracontractual Counsel (ACCEC). Ken is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and Counseling Practice Group.   Established in 2012, the ACCEC is composed of preeminent coverage and extracontractual counsel in the United States and Canada, representing the interests of both insurers and policyholders. The College is focused on the creative, ethical and efficient adjudication of insurance coverage and extra-contractual disputes, peer-provided scholarship, professional coordination and the improvement of the relationship between and among its diverse members.   Ken’s insurance practice focuses on a number of complex issues for corporate policyholders. In addition to litigation of coverage disputes and negotiation of…

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