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BT Policyholder Protection Blog
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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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03 Mar 2016 Sing The Jingle: Four Tips Inspired By Insurance Ads

  Advertisements for auto and homeowners insurance have become ubiquitous, and their humor often ranges from irritating to clever. You can probably hear one in your head right now. That humor is apparently intended to be the spoonful of sugar to help the medicine go down; valuable messages about insurance are sometimes conveyed subtly but effectively. As an insurance coverage lawyer, also known as a geek, I see how some of that information also can be useful in the business insurance context.   Double Check Your Coverage Before and After You Buy   Fifteen minutes may save you 15 percent (or more). Make sure you’re actually covered for “this” rather than “this.” The point is that your insurance program needs your time and attention. When…

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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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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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15 Dec 2015 Make Sure You Know Which State’s Law Applies to Your Coverage Claim

It is a situation we have seen time and again, including in several recent matters: a policyholder headquartered in State A is sued by a claimant alleging injury at a location the policyholder owns in State B. In the same circumstances and under the same policy language, the law of State A would require the carrier to cover the suit but the law of State B would not. This drastic difference in outcome is common due to the sometimes vast differences in coverage law from state to state. The threshold question of which state’s law applies often makes all the difference between coverage and no coverage.   So, if the policyholder wants the law of State A to apply, should it sue its carrier in…

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07 Dec 2015 Is the “Ancient Documents” Hearsay Exception Going to be Ancient History in 2016 and What Impact Will it Have on Proving Missing Insurance Policies?

Next year, we may see the end of the hearsay exception for “ancient documents” found in Federal Rule of Evidence 803. Rule 803(16) has long held that “a statement in a document that is at least 20 years old and whose authenticity is established” is not excluded by the hearsay rule. This exception is often used in the insurance context when trying to prove the existence and terms of old, missing liability policies when a company has a latent claim. It appears the push to eliminate the ancient documents hearsay exception may go hand in hand with the rise of e-discovery and recent amendments to the Federal Rules of Civil Procedure to address e-discovery issues that took effect on Dec. 1.   However, when a…

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20 Nov 2015 Barnes & Thornburg Bronze Sponsor of the 2015 ABA Women in Litigation Conference Kara Cleary and Andrea Warren Provide Some Key Takeaways for Policyholders Discussed at the Conference

Barnes & Thornburg was proud to be a bronze sponsor at this year’s ABA Women in Litigation Conference held in Chicago from Nov. 11-13. Kara Cleary and Andrea Warren of the firm’s Insurance Recovery and Counseling Practice Group attended the conference, which featured a host of excellent panels ranging from hot topics in insurance coverage to product liability litigation, as well as jury selection and trial tips. A large focus of the conference also was dedicated to empowering female litigators in the courtroom and at their firms. Some key takeaways include:   the rise of privacy claims and types of policies that can respond; the rise of false claims act suits and potential coverage issues relating to the same; and jury selection tips for insurance…

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16 Nov 2015 2.4 Million Reasons to Monitor Claim Costs: Five Lessons From a Barnes & Thornburg Victory

Employers should regularly and carefully monitor the cost of claims even if those claims are handled by a major insurance company or third-party administrator. That is the key takeaway from the Nov. 10, 2015, decision by the U.S. Court of Appeals for the 11th Circuit and the earlier decision by a federal magistrate who presided over a bench trial and awarded $2.4 million to our client Georgia Operators Self Insurers Fund (Georgia Fund) for claims mishandling by its third-party administrator PMA Management Corp. That and other lessons are explained below.   Lesson #1: Monitor Claim Costs and Claim Handling   The Georgia Fund is a not-for-profit entity formed by most McDonald’s franchise owners in Georgia so they can self-insure their workers compensation risks. From 2008…

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10 Nov 2015 Emerging & Complex Insurance Claims Conference

It’s imperative to stay on top of developing complex coverage issues — and there are several to keep an eye on right now. The Emerging & Complex Insurance Claims Forum gives in-house and outside counsel and insurance company and policyholder professionals an edge with the latest insights on hot-button topics.   Join Barnes & Thornburg’s Scott Godes, conference co-chair, Feb. 24-26, 2016, to learn more about:   Medical marijuana D&O liability Drones Cyber liability Social media Product liability claims Additional insureds Construction claims SIRs Alternative dispute resolutions and more   Register today and get $200 off the registration fee by using the code: Barnes16.   Click here to learn more and to register. Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance coverage…

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