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BT Policyholder Protection Blog
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24 May 2016 Scott Godes quoted in Law360 Article “Policyholders Get Digital Fraud Coverage Boost at 8th Circ.”

Scott Godes, partner and co-chair of the firm’s Data Security and Privacy Practice Group, was recently quoted in “Policyholders Get Digital Fraud Coverage Boost at 8th Circ.,” published by Law360.   On May 20, the Eighth Circuit found that a bank employee’s failure to secure a computer network does not nix insurance coverage for a fraudulent transfer loss caused by a hacker, which in turn bolsters policyholders seeking coverage for digital fraud by blaming the hacker despite the employee’s negligence.   Scott is quoted numerous times in the article, including one note stating “A key point in the decision was the court’s finding that even if employees were negligent, that doesn’t convert a direct loss into an indirect loss. That holding should help policyholders secure…

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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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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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05 May 2015 Can Business Owners Get Insurance to Cover Losses from Riots, Vandalism and Civil Unrest?

The recent civil unrest in Baltimore, just like the mayhem that took place in Ferguson, Missouri, last year, is a stark reminder that we live in troubled times. While the events that lead to such occurrences are varied, and the societal issues that influence them can be widely debated, one thing is clear – the damage and destruction left in their wake is devastating.  Shops burn, glass storefronts are shattered, inventory is stolen and valuable property is otherwise vandalized. Luckily for business owners both directly and indirectly affected by these unfortunate events, they can and should turn to their business property insurers to cover what, in many instances, can be staggering losses.   First steps for obtaining coverage for losses from riots, vandalism and civil…

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02 Apr 2015 5 Tips for Evaluating Cyberinsurance Policies

Scott Godes, partner and member of the firm’s Policyholder Insurance Recovery Group, recently authored an article for Association for Financial Professionals titled, “5 Tips for Evaluating Cyberinsurance Policies.”   Scott noted that as more and more companies are under cyberattack, many are reconsidering changing their insurance budget to include cyberinsurance.  The article, aimed at finance professionals, discusses recent developments in cybersecurity and data privacy.   He also gave tips for evaluating cyberinsurance policies.  Some of the tips included:   Reevaluate whether your organization is carrying sufficient limits. Keep in mind that defense costs usually erode the limits of a cyberinsurance policy. When lawyers are called upon to defend against claims in developing areas of law, legal bills add up quickly. After the company pays defense…

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05 Jan 2015 Color Match Arrives (Again) in Minnesota

Last month, the Minnesota Supreme Court issued an opinion addressing an insurer’s obligation to match replacement materials after homes suffered storm damage. The opinion in Cedar Bluff Townhome Condominium Association, Inc. v. American Family Mutual Insurance Company, –N.W.2d–, No. A13-0124, 2014 WL 7156914 (Minn. Dec. 17, 2014) stemmed from a hail storm in October 2011 that damaged buildings in the Cedar Bluff townhome neighborhood.   Cedar Buff sought coverage for complete replacement of the buildings’ siding. However, American Family (AmFam) took the position that the policy only required replacement of the individual panels actually damaged by the storm, even though the replacement panels would be slightly darker or lighter than the original panels. The district court granted summary judgment to AmFam, finding that the policy…

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25 Nov 2014 Do We Have Coverage for This? Sometimes it’s worth getting a second opinion

Do you have coverage for claims?  Here is a perfect example of a situation where you might not want to take no for an answer. Recently, a firm client received a letter from the U.S. E.P.A. advising of an underground environmental contamination which appeared to be coming from their property and would require significant remediation.  When the firm client called its insurance broker, he advised that the client had no coverage for the claim, because it was excluded from coverage by the pollution exclusion in their commercial general liability policy.   When the client turned to Barnes & Thornburg LLP for help, we submitted the claim to several of the client’s commercial general liability insurers.  With the notice of claim, we provided the insurers with…

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