Timely Notice: Recent Episodes
Goldberg Segalla
Goldberg Segalla's Timely Notice is your on-the-go source for sharp takes and expert analysis on the latest trends, debates, and developments in the legal industry.
Jared T. Greisman, co-chair of Goldberg Segalla’s First-Party Property Coverage subgroup, joins the Timely Notice podcast to discuss the unprecedented situation COVID-19 presents for insurers. Drawing on his background in handling massive losses stemming from catastrophes like hurricanes and wildfires, Jared notes how all those pale in comparison to the national and international scope of the current pandemic. As for first-party property policies, Jared highlights the key issues relating to coverage for business interruption, extra expenses, and civil authority. He specifically addresses the contentious issues over the insuring agreement requirements and exclusions. Jared closes by discussing legislative and regulatory developments, such as in New Jersey, that seek to impose on insurers an obligation to cover business interruption losses relating to COVID-19, irrespective of whether coverage would be excluded by the policy terms as purchased.
Goldberg Segalla’s Jeffrey Cunningham and Dan Lust talk TRL, offering businesses and professionals insight into the hazards associated with the newest technologies and social media trends. They cover everything from TikTok to personal cell phone usage to ransomware and more. Plus, Jeff and Dan analyze the current status of social media case law.
Goldberg Segalla’s Albert Alikin, Marc Voses and Courtney Zucker join Timely Notice for an update of the California Consumer Privacy Act (CCPA). Marc and Courtney give a brief overview of what types of businesses must comply, offer tips on taking the first steps toward compliance and provide insight into the first lawsuits referencing CCPA. Plus, they flag noteworthy changes in the February 2020 AG Guidelines update.
Goldberg Segalla’s Colin Willmott and Jacqueline Siegel join the show to discuss Title VII cases before the Supreme Court regarding LGBTQ discrimination. Colin and Jacqui dig into Title VII and other state laws pertaining to sexual orientation and gender identity protections. They also take a look at three cases pending before the Supreme Court that could have a significant impact on LGBTQ employees and the community as a whole.
Tom Segalla welcomes Michael Hamilton to the show to continue the series on the Child Victims Act: State by State. Mike, a partner in Goldberg Segalla’s Philadelphia office, discusses the law in Pennsylvania. Mike gives an overview of the law, compares Pennsylvania law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states.
In this crossover episode, Jonathan Schwartz is joined by John Hurley of the Property Liability Resource Bureau to discuss their picks for the most interesting property coverage cases of 2019. The pair address the significance of the term dwelling, after the Idaho Supreme Court’s decision in McFarland v. Liberty Mut. Ins. Corp. They then examine what it means to be an impartial appraiser, pursuant to the Colorado Supreme Court’s decision in Owners Ins. Co. v. Dakota Station II Condo. Ass’n.
Tom Segalla welcomes Jonathan Schwartz to the show to continue the series on the Child Victims Act: State by State. Jonathan, a partner in Goldberg Segalla’s Chicago office, discusses the law in Illinois. Jonathan gives an overview of the law, compares Illinois law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states.
Goldberg Segalla's Jonathan Schwartz welcomes Eric Marler and Carrie Graziani of Hanover Insurance Group for a discussion of the Me Too movement, potential directors and officers’ liability, and its effect on corporate culture and risk management. Eric and Carrie focus on the legal issues surrounding sexual harassment at the executive level, including D&O coverage, shareholder derivative and class action litigation, and the legislative response to sexual harassment claims. They also explore the #metoo movement’s impact on corporate culture, as well as what companies can do to mitigate financial risk created and intensified by discriminatory conduct and sexual harassment litigation.
Tom Segalla welcomes Jeff Kingsley to the show to continue the series on the Child Victims Act: State by State. Jeff, the co-chair of Goldberg Segalla’s Global Insurance Services practice, discusses the law in New York. Jeff gives an overview of the law, compares New York’s law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states.
Goldberg Segalla's Adam Dolan and David Choi join the show to discuss the USDA's interim final rules for domestic hemp production. Adam and David shed light on how the laws regarding hemp have evolved, what existing or prospective producers of hemp should be aware of regarding the USDA's regulations, how the regulations affect interstate commerce, and more.
Tom Segalla welcomes Chris Cavallo to the show for another episode of the special series on the Child Victims Act: State by State. Chris, a partner in Goldberg Segalla’s Newark office, continues the conversation in New Jersey. Chris provides an overview of the law, compares New Jersey’s law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states.
Neil Magenheim of Lex Machina joins Goldberg Segalla's Jonathan Schwartz for a discussion of data analytics in the practice of law. Neil explains what clients can learn about private practitioners from available data, as well as how entities of all sizes can utilize data analytics to promote transparency in the law. Neil also shares some anecdotes about various firms’ successful use of data analytics in practice, including what they can learn about opposing counsel and judges. He concludes with his thoughts on the future of legal analytics.
Tom Segalla returns to host the show for a special series on the Child Victims Act: State by State. He welcomes Al Alikin, a partner in Goldberg Segalla's Los Angeles office, to begin the conversation in California. Tom and Al offer an overview of the law, compare the law to the New York equivalent, consider impacts to the insurance industry, and more.
Shiraz Saeed, National Cyber Practice Leader at Starr Insurance, joins Jonathan Schwartz on the show to share his insights on the regulation of biometric information. Shiraz explores the history of biometric information use and the regulatory response to the increased use of biometric information. He then discusses the contours of biometric privacy statutes, such as the Illinois BIPA. Shiraz also opines on how statutes like the Illinois BIPA have influenced the insurance industry, including new developments in network security and privacy policies.
Goldberg Segalla's James Macri and Marc Brown join Timely Notice to talk about deed forgery. The two discuss the types of fraud that exist in real property transactions and offer an overview of forgeries in real property documents. They also cover problems associated with deed forgeries, common fraud schemes used with alleged forgeries, and burdens of proof for forgery claims.
Goldberg Segalla’s Joe Hanna, Dustin Osborne, and Anthony Kroese join Timely Notice to discuss the unanimous vote from the NCAA Board of Governors permitting student-athletes to benefit from the use of their name, image, and likeness. Dustin and Anthony debate how this change will affect college athletics, how this will affect the definition of amateurism, if college athletes should be able to profit at all, and much more.
Goldberg Segalla’s David Choi and Adam Dolan join the podcast to talk about the rash of vape-related illnesses, and what the e-cigarette and cannabis industries should be doing to protect the public and themselves. The two discuss what is causing the illnesses, potential future litigation, allegations that may be raised, and how manufacturers can combat those allegations.
Goldberg Segalla's Joe Hanna joins Jonathan Schwartz for this Pay it Forward Friday episode. Joe discusses the history of Bunkers in Baghdad, a not-for-profit charity that collects and sends golf balls, clubs, and equipment to troops around the world. Joe shares the motivation behind starting the charity, the impact it has made, and what he has learned along the way.
Goldberg Segalla’s Al Alikin and Marc Voses join the podcast for an episode on the California Consumer Privacy Act (CCPA). Al and Marc discuss the intent of the CCPA, threshold requirements, and a comparison to the GDPR. They also dig into enforcement, exceptions to compliance, and coverage implications on violations. Plus, they share resources and materials available through the firm for more information on this topic.
Goldberg Segalla's Dan Lust returns to the show to discuss the developing world of online sports gambling. Dan begins by exploring the Supreme Court’s 2018 Murphy decision. He then opines on the impact of the growth of online sports gambling on the insurance and risk management industries, with special attention to the potential for new and increased exposures as legalized gambling becomes even more widespread.
Goldberg Segalla’s Christina Holdsworth and Michael Appelbaum join the podcast to talk about social media due diligence before and during trial. Through the lens of his recent trial victory in supreme court, Mike shares his process of researching social media, considerations for presenting social media information to the courtroom, and tactics for moving that information into evidence.
Jason Sutula, principal fire protection engineer at Jensen Hughes, and Bob Hafner, partner in Goldberg Segalla’s Product Liability practice, discuss fire investigations involving lithium ion and lithium polymer batteries. The pair detail what causes these products to fail, as well as innovative developments to mitigate the propensity and effects of failure. Additionally, Jason and Bob delve into the evidence collection process, tips for mitigating exposure to liability following a fire, and how a quick response can be dispositive for insurance industry professionals and product liability practitioners.
Goldberg Segalla’s Kristin Klein Wheaton and Reshma Khanna join Timely Notice to talk about conducting effective workplace investigations. They discuss what workplace investigations are, what should be investigated, and who should be involved. They also dig into why employers should conduct workplace investigations and how an investigation can serve as a risk management tool in avoiding and minimizing litigation.
Jessica Butkera, a Toxic Tort defense partner in Goldberg Segalla's Baltimore office, joins the show to discuss vaping-related illnesses, or what’s behind the recent label, “Toxic Time Bombs.” Jessica explores why multiple deaths and scores of illnesses have been attributed to using e-cigarettes to vape and why this may only be the beginning given the staggering number of teens and young people vaping. Jessica evaluates if what we’re seeing is the first stages of an epidemic, the epidemiology behind vaping-related illnesses, and why causation between vaping and lung illnesses remains a mystery. Jessica concludes with a discussion of lawsuits alleging vaping-related illnesses, what the insurance industry should know about these vaping injury claims, and whether vaping may be the next big tobacco.
Jared Greisman, co-chair of Goldberg Segalla’s Property Loss Subgroup, returns to the show to discuss first party property insurance claims and the severity of the 2019 hurricane season. Jared spotlights Hurricane Dorian and its recent devastation. He compares Dorian’s effects to other recent major storms. Jared concludes with advice on strategic resource allocation ahead of a major storm, as well as insights into Florida’s assignment of benefits reform law.
Chris Proudlove, of Global Aerospace, discusses the burgeoning industry of unmanned aerial vehicles (UAVs), also known as drones. He addresses the applicable FAA regulations and why they are stymying greater adoption of drones. Chris opines on the types of property damage, bodily injury, and personal injury exposures presented by drones. Chris then explores the various implementation of drones across diverse industries, including the insurance industry, in addition to rules and guidelines operators should consider before flying a drone. Chris closes with his thoughts on key coverage issues that arise in claims involving drones.
Simon Oddy, of Baker Tilly, joins the show to talk product and food recalls. Simon addresses the reasons for the increase in recall frequency, common mistakes and misconceptions held by manufacturers about the recall process, and the innovative responses by the insurance industry to the drastic increase in recalls.
Goldberg Segalla’s Todd Kremin returns to Timely Notice to update listeners on the implications of cryptocurrency use and the state of initial coin offering disputes.
Demetrius Rush, of Zurich North America, discusses claims involving liability policies with significant deductibles. Demetrius discusses the push and pull in the relationship between a sophisticated policyholder, who must pay a significant portion of an adverse judgment or settlement, and the carrier, who is contractually obligated to provide a defense and resolve claims. Demetrius also discusses the extracontractual challenges where carriers are not allowed to handle the claim as they would prefer.
Goldberg Segalla's Dan Lust returns to the podcast to discuss a recent major injury sustained by Kevin Durant of the Golden State Warriors. Dan discusses the various theories of liability Durant might allege, as well as how Durant might be able to avoid the workers’ compensation exclusive remedy provision under a theory of fraudulent concealment. Dan also provides his insight on what insurers should take away from this incident, as well as how the industry may prepare to confront athletes’ injury claims going forward.
Markel's Lisa Brennan and Joe Niemczyk discuss the hallmarks of good privacy counsel. Lisa and Joe cover common qualities and important factors that privacy counsel should consider when faced with a cybersecurity incident. Lisa and Joe contrast this with common oversights made by less proficient counsel, often resulting in a detriment to their clients. Joe and Lisa conclude with thoughts on how to more effectively assist a panicked client undergoing a cyber incident.
Keith Marxkors, of State Farm, discusses the continued adoption of artificial intelligence by the insurance industry. Keith details how artificial intelligence is being incorporated into claims handling and the industry at large, while also exploring its costs and benefits.
Howard Panensky, of Willis Towers Watson, and Matt Scott, of Envista Forensics, discuss the emergence of Industrial Internet of Things technologies and the insurance market’s reaction to this new exposure.
Joe Oliva, a partner in Goldberg Segalla's Manhattan office, returns to Timely Notice to provide an update on the litigation landscape for social engineering fraud coverage, and the insurance marketplace’s response.
Stuart Paulson, of American National Property & Casualty Company, examines the costs and benefits associated with carriers’ utilization of legal bill auditors. Stuart addresses the relationship between carriers and outside counsel through the prism of carriers’ employment of auditors, including proactive steps carriers and firms can take to reduce friction in their relationship.
Emily Short, of Brush Creek Partners, discusses managing vendor-related cyber risks. Emily discusses case examples of vendors exposing clients to cyber attacks. She then provides tips for managing third-party vendor risk, as well as important considerations for conducting due diligence when choosing vendors. Emily also addresses the state of the cyber insurance market with respect to insuring vendor risk.
Goldberg Segalla's Jim Rozak offers insights into why we should demand a well-pleaded complaint or counterclaim. Jim discusses procedural pleading motions and weighs the costs and benefits of bringing such a motion at each stage of a dispute. Jim explains the value of taking control of the litigation at the earliest stages, including narrowed discovery and a better shot at summary judgment. Jim closes with what carriers should consider when deciding whether to authorize a procedural pleading motion.
Returning to offer additional insights on the first substantive episode we published, Goldberg Segalla’s own Tom Segalla provides tips for how insurance bad faith experts can and should stay current on key issues and decisions nationwide. Tom also addresses a problematic trend of insurance bad faith experts being retained late in the case.
Ned Currie, of Currie Johnson & Myers, joins the podcast for a discussion of the Mississippi Supreme Court’s decision in Colony Insurance Co. v. First Specialty Insurance Corp. In the first part of the episode, Ned engages in a comprehensive summary of the underlying events giving rise to the coverage dispute, as well as the legal arguments advanced by each party. Ned then explores each party’s most persuasive arguments ahead of the high court’s review. Ned then returns to the podcast, after the Supreme Court’s ruling, and discusses the court’s reasoning and the case’s ramifications.
Larry Mason and Adam Dolan join the podcast to discuss Illinois legislature’s recent legalization of cannabis. Larry and Adam highlight the key provisions of the new legislation and outline some of the policy considerations behind the statute. The duo also provides insights into how the new law will affect Illinois employers. Adam and Larry then close with their thoughts on how the insurance industry will be affected by the legislation and how insurers can prepare for the coming changes in Illinois.
Troy Beecher, a leader of Goldberg Segalla’s GIS Florida team, returns to the podcast to explain the Florida legislature’s response to the large-scale exploitation of assignment of benefits claims in the first party residential insurance context. Troy discusses the events that prompted the Florida legislature to pass the law, as well as the scope and mechanisms of the reform. Troy also offers some potential shortcomings of the Florida legislature’s response to assignment of benefits litigation.
Dan Lust, a member of the New York State Bar Association’s Social Media Committee, and an attorney in Goldberg Segalla’s White Plains office, discusses the role of social media investigations and protections in litigation. Dan explains the discoverability of social media, as well as New York’s recently-adopted relevancy approach to the production of information published on social media. Dan also provides his take on the ethical implications of social media, including whether contact via social media violates the ethical prohibition on contacting adverse litigants. Finally, Dan explores the nuances of Snapchat as a unilateral public forum.
In revisiting a popular episode, Goldberg Segalla’s Larry Mason discusses a recent Illinois case on the trigger of malicious prosecution coverage. Larry explains how the court reached the outcome, why this case may be an outlier, and the potential dangers presented by the approach taken by the appellate court.
Aarti Soni, Cyber Coverage Leader at Marsh, and Ayesha West, Vice President of Cyberinsurance at Everest Insurance, join the podcast for a discussion of Cyber-CAT policies. Aarti and Ayesha discuss the newest offerings associated with the latest iteration of Marsh’s Cyber-CAT policy, what they set out to do when designing Cyber-CAT coverage, as well as who would benefit from a Cyber-CAT policy. Aarti and Ayesha also explain how the Cyber-CAT policy differs from existing policies.
Jared Greisman and Troy Beecher, two leaders of Goldberg Segalla’s first-party property coverage group, discuss the state of property claims resulting from Hurricane Michael. Jared and Troy begin with background on Hurricane Michael, one of the strongest hurricanes ever to make landfall in the United States. They walk us through Hurricane Michael’s devastating impact and the types of property claims that have begun to emerge. Jared and Troy explore first-party property issues that have arisen and explain issues that are coming down the pike. Finally, they conclude by discussing lessons from prior storms that carriers should be mindful of when handling Hurricane Michael claims.
Danielle Roth, of AXA XL, joins the podcast for a spirited discussion about cybersecurity for small- and medium-sized enterprises. Danielle discusses the crippling effects a cyberattack can have on a small business. She outlines proactive steps these businesses can take to avoid a cyberattack and mitigate the resultant harm. Danielle also delves into what the cyberinsurance market has to offer for small- and medium- sized businesses.
In one of Timely Notice’s most downloaded episodes, Goldberg Segalla’s Dustin Blumenthal examined a Florida Supreme Court decision and its significant impact on construction defect coverage law. Dustin is back on the podcast a year later to discuss the key trends and approaches by policyholders and carriers in the Altman decision’s wake. He also forecasts important developments in the near future, including the interplay between CGL and E&O policies, resulting from uncertainty about what is a suit under a CGL policy issued to a construction contractor.
Maura Krause, a Florida partner in Goldberg Segalla’s Construction Practice Group, discusses the 2017 revisions to the American Institute of Architects’ General Conditions form. She begins with background on the AIA’s use of the General Conditions and highlights why this form is an integral part of construction contracts. She then walks us through the significant revisions to the General Conditions. She concludes by discussing how the revisions will impact the construction industry and insurers.
Steve Nassi, of Goldberg Segalla’s Global Insurance Services Practice Group, provides insight on the role of appraisal panels and how to prevent them from exceeding their authority. Steve teaches the importance of carefully limiting the scope of their authority, particularly with respect to complex coverage decisions. Steve then proposes several ways in which insurers can prospectively preserve their right to a remedy in the event of an extra-jurisdictional decision by an appraisal panel.
Jeffrey Van Volkenburg, a leading insurance practitioner in West Virginia, discusses his experience litigating in a jurisdiction where many coverage questions remain unresolved. Jeff describes the importance of crafting nuanced and creative arguments, as well as strategic considerations in initiating coverage litigation in a jurisdiction with underdeveloped insurance law. Jeff then opines as to how West Virginia’s coverage law will advance in the coming years, especially in light of the ALI’s Restatement of the Law, Liability Insurance. Notably, Jeff recorded his episode while at the McNeer Highland firm, although he has since started his own firm with another podcast guest, Debra Varner. The firm’s name is Varner & Van Volkenburg PLLC.
Greg Horner, of Goldberg Segalla’s Workers’ Compensation Practice Group, joins the podcast to talk about the nuanced handling of workers’ compensation claims by public sector employees. Greg also offers suggestions for how to avoid common pitfalls associated with these claims.
In one of Timely Notice’s most popular episodes, Goldberg Segalla’s Michael Hamilton dives back into the wave of opiate liability lawsuits and their impact on the insurance industry. Michael examines the recent CGL and D&O coverage decisions nationwide and forecasts additional coverage ruling we can expect in 2019 and beyond.
Goldberg Segalla partners Daniel Gold and Valerie Shea discuss the implications of Chapter 11 bankruptcy filings and proceedings on the obligations of a D&O insurer to individual directors. They identify common pitfalls associated with an insured’s bankruptcy, including reliance on the insured vs. insured exclusion.
Anne Ray, a senior claims examiner at Markel, shares insights on attorney fee-shifting in coverage litigation. Anne explains some of the unique challenges in analyzing and responding to fee petitions in coverage litigation. She talks about how contingency fee arrangements complicate the evaluation of a fee petition. Anne also identifies five common missteps committed by insureds’ attorneys when submitting a fee-shifting claim. She concludes by discussing some of the underutilized tools for responding to a fee-shifting claim.
Stewart Milch, a member of Goldberg Segalla’s Appellate Practice Group in the firm’s Manhattan office, joins Timely Notice for a discussion of appellate practice and the great value in including appellate lawyers on a litigation and/or trial team. Stewart also provides insight about the decline in oral arguments in federal court.
Crystal Uebelher, of SECURA Insurance, joins the podcast for a discussion of the interplay between the CGL policy and the economic loss doctrine. Crystal focuses on the interplay in the context of the Wisconsin Supreme Court's 2016 Pharmacal decision. She concludes with an examination of how the Pharmacal decision has since been applied in Wisconsin and how it may be applied nationwide.
In one of Timely Notice’s most downloaded episodes, Goldberg Segalla’s David Brown examined a South Carolina Supreme Court decision that found an insurer’s reservation of rights letter to have been inadequate. In this Third Thursday Throwback episode, David returns to the show to weigh in on the case a year later. He discusses the impact this decision has had on coverage practice in the Carolinas and identifies questions about the ruling that remain unanswered.
Debra Varner, a founding partner of Varner & Van Volkenburg, discusses the recent tumultuous change in West Virginia’s highest court. Debra details the circumstances that led to the upheaval and forecasts how this shift will impact both the insurance industry and the West Virginia Bar.
Eric Chuang, presently of BDO and formerly of the FBI, joins the podcast for a discussion of the latest trends and developments in cybersecurity. Eric identifies the most unusual hacking schemes of 2018 and offers his predictions on the greatest cyber-threats in 2019. Eric also explains the role the insurance industry plays in modernizing the private sector’s cybersecurity practices. Finally, Eric provides his best tips for private organizations to help protect themselves from cyberattacks.
Joe Tarpine, a Baltimore partner in Goldberg Segalla’s Workers’ Compensation Practice Group, discusses Maryland's approach to medical and recreational marijuana. Joe addresses how federal marijuana laws are creating conflict and uncertainty. He also covers Maryland's medical marijuana regulations and what insurance carriers should consider when handling claims that involve medical marijuana.
Jennifer Hamilton, vice president of claims at NAMICO, discusses the deployment of the Reptile Theory in insurance coverage disputes. Jennifer details how policyholder and claimant counsel will use institutional bad faith tactics and case law and appeal to a jury’s primal fears and instincts about the insurance industry in order to obtain a favorable judgment. Jennifer offers insights for spotting the Reptile Theory early on in a case as well as common traps insurer counsel fall victim to. Jennifer concludes with strategies that insurer counsel can employ to defeat the Reptile Theory.
Tony Dolce, vice president and cyber lead for Chubb North America, shares the ins and outs of ransomware and cyber extortion coverage. Tony describes several high profile attacks including the infamous WannaCry and NotPetya attacks of 2017 as well as more recent attack vectors like BitPaymer and Ryuk. Tony also discusses the great importance for businesses of purchasing cyber insurance, the coverage and expertise provided by a carrier's available incident response team, and common traps for the unprotected. Tony concludes with a forecast of the future of ransomware and other cyber attacks and its impact on businesses.
Tom Werlein, associate counsel for Sentry Insurance, joins Timely Notice for a discussion of Sections 3, 4, and 21 of the ALI Restatement of the Laws of Liability Insurance. Tom explains the implications of a modified plain-meaning rule, the newfound importance of custom practice and usage, and whether a subjective belief by an insured is appropriate for policy interpretation. Tom also shares his insights on whether an insurer should be able to recover defense costs and settlement payments attributable to uncovered claims.
Stacy Moon, a shareholder with the F&B Law Firm and past chair of DRI’s Professionalism and Ethics Committee, joins the show to discuss conflicts of interest when representing multiple insureds. Stacy identifies common ethical pitfalls for an attorney in a multiple insured, single defense situation. She explains how defense counsel may proactively avoid certain conflicts through a written disclosure or a compromise between the insureds. Stacy also describes how defense counsel and the insurer should handle a conflict of interest that arises in the midst of litigation. She concludes by offering her three best rules of thumb for an attorney facing a potential conflict situation.
Michael Longo, a Global Insurance Services partner in Goldberg Segalla’s Manhattan office, looks back on Carlson v. American International Group and examines its effects one year later. Michael notes how the New York Court of Appeals significantly broadened the meaning of whether a policy was issued or delivered under New York Insurance Law Section 3420. He considers the dissent’s ominous prediction that the majority’s holding would wreak havoc. Michael concludes by noting several areas left unresolved by Carlson.
Barry Miller, a partner in Mazanec, Raskin, & Ryder’s Lexington, Kentucky office, shares his insights about quirks in Kentucky coverage laws. Barry explains how Kentucky’s particular bad faith jurisprudence affect coverage decisions. He also discusses how Kentucky courts have approached construction defect coverage and the consequences of a wrongful claim denial.
Martha Brown, a North Carolina partner in Goldberg Segalla’s Global Insurance Services Group, discusses the contours of malicious prosecution coverage. She begins by discussing the types of claims that satisfy the malicious prosecution offense. She then examines the Eighth Circuit’s recent decision in Sampson v. Kofoed, including the coverage issues surrounding an exception to a criminal, dishonest, fraudulent, or malicious acts exclusion. Martha concludes by identifying the key takeaways from the Eighth Circuit’s decision and how it squares with existing precedent nationwide.
Kelly Geary, managing principal at Integro USA, discusses the impact on the insurance industry of the European Union General Data Protection Regulation and the upcoming California Consumer Privacy Act. To start, Kelly discusses the similarities and differences between the two regulations, in particular with how they define personal data/information. In addition, she predicts whether similar laws are expected domestically and internationally. Kelly also offers insight into the insurance industry’s response to these regulations, including potential coverage offerings.
Albert Alikin, a Global Insurance Services partner in Goldberg Segalla’s Los Angeles office, joins the podcast to break down the state of bad faith jurisprudence in California. Albert begins by identifying a series of recent bad faith setups in California, including how these schemes take advantage of California’s nuanced bad faith law. Albert then offers suggestions for how insurers can navigate potentially treacherous demand letters.
Larry Daniel, practice leader in digital forensics at Envista, discusses the ways in which information contained on cellphones can be used to investigate and reconstruct auto accidents. To start, Larry clears up common misconceptions of what can and cannot be gleaned from cellphone data. He offers opinion on what the future holds for accident reconstruction, as technology allows deeper integration between cellphones and automobiles. Larry concludes by offering guidance to insurers when determining if a digital forensic expert should be retained post-accident.
Vasu Addanki, a director in Betts Patterson Mines’ Seattle office, discusses the trend of plaintiffs and policyholders naming insurance adjusters as defendants in bad faith lawsuits. Vasu begins by examining the Washington State Court of Appeals’ decision in Keodalah v. Allstate Insurance Co., where the court held that an insurance adjuster may be personally liable for bad faith and consumer protection violations. He explains the glaring flaws in the court’s reasoning and discusses how the decision is a disappointing shift in bad faith jurisprudence. Vasu also describes how allowing these types of claims affects bad faith litigation and the insurance industry as a whole.
Leann Gerlach, a North Carolina partner in Goldberg Segalla’s Workers’ Compensation Group, discusses North Carolina’s response to the opioid epidemic. Leann describes how the opioid epidemic has impacted the workers’ compensation system. She highlights the most significant aspects of North Carolina’s Opioid Task Force’s utilization rules which seek to reduce addiction and overdose rates among injured workers. Leann also illustrates the rules’ application to various treatment scenarios. Leann closes by discussing what insurers and workers’ compensation attorneys can do to maximize the rules’ benefits.
Richard Garner, of Collins, Roche, Utley & Garner LLC, sits down with the podcast to discuss a recent decision from the Ohio Supreme Court. In Ohio Northern University v. Charles Construction Services, Inc., the Ohio Supreme Court determined faulty workmanship, in and of itself, does not constitute an “occurrence.” Rich, who represented the prevailing insurer, discusses the specifics of the case and the attempts by the opposing parties to depart from existing Ohio precedent. Rich opines on whether this is a clear win for stare decisis. Rich concludes by explaining the wider importance of the decision and how it may affect construction coverage law in other jurisdictions.
Philip Unwin, a Medicare Set-Aside Certified Consultant and Rochester partner in Goldberg Segalla’s Workers’ Compensation Group, discusses Medicare Set-Asides (MSA). He explains why MSAs are a vital part of settlement agreements in workers’ compensation and personal injury cases. While doing so, he identifies key differences between MSAs in workers’ compensation claims and personal injury lawsuits. Phillip also highlights the penalties the Centers for Medicare and Medicaid Services can impose for MSA noncompliance and why this should be of great concern to the insurance industry. Finally, he describes what carriers’ outside counsel and workers’ compensation attorneys can do to assist with MSA compliance and facilitation.
Tom Garvey, a manager at RGL Forensics, offers insight into the world of forensic accountants and the useful role they play in evaluating business interruption losses. Tom begins by describing scenarios where forensic accountants are underutilized. Tom also provides a framework for the insurance industry in determining what types of challenging claims necessitate retaining a forensic accountant. He concludes by highlighting the ways in which technology has improved the effectiveness of forensic accountants in communicating their findings.
In a two-part series, Kevin Willging, of Travelers’ Extra-Contractual Litigation Unit, examines the Florida Supreme Court’s recent decision in Harvey v. GEICO. In part one, Kevin summarized the key facts of the claim giving rise to the bad faith case and described how the claimant’s attorney manufactured a bad faith setup. Kevin discussed the Florida Supreme Court’s rationale for reversing the appellate court’s favorable ruling in the subsequent bad faith action. Kevin delves into the Florida Supreme Court’s rejection of a “checklist” to avoid bad faith liability and endorsement of a standard somewhat akin to negligence. In part two, Kevin will discuss how this decision will affect Florida’s bad faith landscape in the future. He also will identify what insurers can do during the claims process to avoid or defuse similar bad faith setups.
In a two-part series, Kevin Willging, of Travelers’ Extra-Contractual Litigation Unit, examines the Florida Supreme Court’s recent decision in Harvey v. GEICO. In part one, Kevin summarizes the key facts of the claim giving rise to the bad faith case and describes how the claimant’s attorney manufactured a bad faith setup. Kevin discusses the Florida Supreme Court’s rationale for reversing the appellate court’s favorable ruling in the subsequent bad faith action. Kevin delves into the Florida Supreme Court’s rejection of a “checklist” to avoid bad faith liability and endorsement of a standard somewhat akin to negligence. In part two, Kevin will discuss how this decision will affect Florida’s bad faith landscape in the future. He also will identify what insurers can do during the claims process to avoid or defuse similar bad faith setups.
Mark LoGalbo, Coverage Counsel for the Property & Liability Research Bureau (PLRB), delves into the “ongoing operations” limitation found in the ISO additional insured IO form. Specifically, Mark discusses the dueling interpretations courts employ when interpreting the “ongoing operations” requirement in the context of a loss after the named insured has finished its work. Mark concludes by describing the insurance industry’s response to instances where the “ongoing operations” requirement is found to be ambiguous.
Joanne Romero, a New York attorney in Goldberg Segalla’s Employment and Labor practice group, discusses the legal protections for people who rely on service and emotional support animals. She identifies the different levels of legal protection available depending on the classification of the animal. She also discusses the “do’s and dont's” for businesses accommodating people with service animals. In doing so, she explains the types of questions an organization can ask someone who claims to have a service animal. Joanne also describes how a business can handle competing interests, such as a person with allergies or conflicting health code regulations. In addition, Joanne identifies the types of insurance coverage that may be available for organizations accused of violating regulations applicable to service and emotional support animals.
Sarah Delaney, a Buffalo partner in Goldberg Segalla’s Global Insurance Services practice group, joins the show to discuss the MCS-90 endorsement. Sarah provides background on the endorsement and dispels common misconceptions about the form, including whether the form itself provides insurance coverage, if exemptions exist for certain motor carriers, and whether cancellation of the underlying policy terminates MCS-90 obligations. Sarah also talks about practical duty to defend considerations under the MCS-90 endorsement. Finally, Sarah discusses how the form affects intrastate transportation regulations.
Rich Savage, Director of Complex Claims – Cyber/Tech/Media at Rockville Risk Management, shares useful insights into the world of cybersecurity, especially regarding the dramatic increase in credential theft and the vulnerabilities associated with use of Office365. Rich explains how businesses are particularly vulnerable to credential theft since fraudsters are now able to use trusted email addresses in perpetrating their phishing schemes. To help ward against these risks, Rich offers recommendations for businesses, as well as strategies cyberinsurers can employ in incentivizing cybersecurity.
Tom Bernier, a partner in Goldberg Segalla’s Baltimore Office and a member of the firm’s Toxic Torts and Environmental Practice Group, provides insight into the legal consequences of the growth in legionella diagnoses, which commonly take the form of Legionnaires’ disease and Pontiac fever. Tom starts by providing background on legionella, an extremely severe form of pneumonia caused by a bacterial infection. Tom further explains how legionella is generally spread through poorly-maintained water systems and how the elderly and those with depressed immune systems are at highest risk. Tom notes that certain businesses and professional service providers face significant exposure in connection with legionella litigation and related health department inspections and regulations. Tom concludes by highlighting potential insurance coverage challenges businesses confront when dealing with legionella claims.
Rotem Iram, CEO of At-Bay, Inc., sits down with the podcast for a two-part series to discuss the present-day limits and the future outlook for cyber risk modeling. To start, Rotem breaks down the fundamental differences between underwriting of traditional insurance versus insurance for cyber risk. To address this issue, he opines that additional tools are needed to assess the particularities of cyber risk. Rotem also explains how the nature of insurance is well-suited to spotlight and addressing cyber threats. Rotem concludes by highlighting the three most important questions companies need to ask before purchasing cyberinsurance.
Rotem Iram, CEO of At-Bay, Inc., sits down with the podcast for a two-part series to discuss the present-day limits and the future outlook for cyber risk modeling. To start, Rotem breaks down the fundamental differences between underwriting of traditional insurance versus insurance for cyber risk. To address this issue, he opines that additional tools are needed to assess the particularities of cyber risk. Rotem also explains how the nature of insurance is well-suited to spotlight and addressing cyber threats. Rotem concludes by highlighting the three most important questions companies need to ask before purchasing cyberinsurance.
Lewis Collins, a partner in Butler Weihmuller Katz Craig’s Tampa office, joins the show to discuss why comparative or reverse bad faith should be considered as part of extracontractual liability causes of action. Lewis describes common scenarios that justify apportioning fault in bad faith lawsuits. Using case law from several different jurisdictions, Lewis explores the evolution and current viability of the comparative bad faith defense. Lewis also talks about how, even in states where there is no comparative bad faith, courts recognize a requirement for an insured to act fairly with an insurer. Finally, he explains what insurers can do to avoid attempts to manipulate the claims and litigation process.
Mike Katzen, a New York partner in Goldberg Segalla’s Employment and Labor practice group, discusses the contours and requirements of Title III of the ADA. He debunks a common misconception about whether certain structures are grandfathered in under the ADA. Mike then explains the criteria for measuring ADA compliance and the penalties for Title III violations. Mike concludes with his thoughts on the best ways to meet accessibility requirements and avoid the growing number of repeat Title III plaintiffs.
Jeremy Kerman, a Chicago-based coverage attorney at Walker Wilcox Matousek, sits down with the podcast to break down recent trends in coverage litigation over claims for violations of the Telephone Consumer Protection Act (TCPA). Jeremy first describes the mechanics of the TCPA and how it continues to have significance in the age of text messages. A trio of recent decisions are also discussed to illustrate recent arguments forwarded by insurers and insureds/claimants. Jeremy concludes by opining on what the future holds for TCPA coverage litigation.
Larry Mason, a Goldberg Segalla partner, discusses insurance coverage for the various segments of the cannabis industry. Larry explains how the current regulatory environment has caused insurers to cautiously expand risk offerings to cannabis-related businesses. Larry then discusses judicial conflicts emanating from cannabis coverage. In particular, Larry analyzes the recent decision in K.V.G. Properties, Inc. v. Westfield Insurance Co., 900 F.3d 818 (6th Cir. 2018), which discussed the applicability of a criminal acts exclusion to a cannabis cultivation business. Larry concludes by identifying key considerations for insurers and businesses seeking to operate in the cannabis industry.
Mike Lettiero, a partner in Goldberg Segalla’s Hartford Office, discusses Karas v. Liberty Insurance Corp. and the Connecticut Supreme Court’s agreement to answer a certified question from a federal district court concerning what constitutes “collapse.” Mike first outlines the background behind Karas and its importance in Connecticut due to a rash of crumbling foundations in certain parts of the state. Mike then explains how the Supreme Court will interpret “collapse,” considering the question against the backdrop of analogous case law nationwide. Mike concludes with an analysis of the significance of Karas in Connecticut and elsewhere given the paucity of case law on what constitutes “collapse,” particularly in the first-party context.
Adam Dolan, a New York partner in Goldberg Segalla’s Toxic Tort and Environmental Law practice group, discusses the effect of medical and recreational cannabis legalization on employers and insurers. Adam gives an overview of state laws legalizing cannabis and contrasts them with federal regulations prohibiting its use entirely. He then provides guidance for employers confronted with developing and enforcing drug workplace policies in cannabis-friendly states. Adam concludes with his predictions for the future of cannabis claims.
Lou Russo, a partner in Goldberg Segalla’s New York City Office, discusses discovery challenges in the context of international arbitration. Lou begins by addressing the most significant differences between how discovery is treated in courts versus forums of arbitration. In particular, Lou delves into ways arbitrators can control forms of e-discovery and some of the challenges parties face in exchanging documents across borders. Lou also gives his thoughts on strategies to limit the cost of discovery as well the management of copious documents when engaging in international arbitration.
Jason Botticelli, an attorney in Goldberg Segalla’s Buffalo Office, sits down with the podcast to discuss the legal landscape concerning the fast growing e-cigarette industry. Jason first details the impressive growth of the industry and the corresponding efforts of the FDA in creating a regulatory framework. Jason then delves into areas of potential risk facing the industry. In particular, he highlights product liability lawsuits due to fires and explosions and toxic torts from the chemicals contained in the “juice” used to create the vapor. Jason concludes by offering predictions on the types of cases the industry should be prepared to confront in the near future.
Allison Ianni, a New York partner in Goldberg Segalla’s Employment and Labor practice group, joins the show to discuss ADA website accessibility lawsuits. Using familiar examples, Allison illustrates how a website or mobile application can be inaccessible to people with disabilities. She explains how a lack of regulatory guidance has left courts split on vital issues, such as whether the ADA’s requirements can even apply to online-only companies. Allison also shares the most useful resources companies can look to when evaluating their ADA compliance. Finally, Allison talks about how the insurance industry should respond to the surge in website accessibility claims.
In a two-part series, Jonathan Kuller, a New Jersey partner in Goldberg Segalla’s Global Insurance Services practice group and manager of Goldberg Segalla’s Superstorm Sandy team, discusses challenges associated with appraisals conducted by less than disinterested appraisers. Jonathan first explains how courts have narrowly construed key appraisal terms to create high standards for disqualification of appraisers. He also describes how courts have looked to arbitration and civil litigation for guidance on creating standards for appraiser partiality. In part two, Jonathan discusses issues stemming from “professional appraisers” who attempt to subvert the collaborative process. He then explains how the standards for appointing umpires and vacating appraisal awards can be problematic for insurers. Finally, Jonathan concludes with suggestions for insurers to avoid common appraisal pitfalls.
In a two-part series, Jonathan Kuller, a New Jersey partner in Goldberg Segalla’s Global Insurance Services practice group and manager of Goldberg Segalla’s Superstorm Sandy team, discusses challenges associated with appraisals conducted by less than disinterested appraisers. Jonathan first explains how courts have narrowly construed key appraisal terms to create high standards for disqualification of appraisers. He also describes how courts have looked to arbitration and civil litigation for guidance on creating standards for appraiser partiality. In part two, Jonathan discusses issues stemming from “professional appraisers” who attempt to subvert the collaborative process. He then explains how the standards for appointing umpires and vacating appraisal awards can be problematic for insurers. Finally, Jonathan concludes with suggestions for insurers to avoid common appraisal pitfalls.
Emily Borg, a Chicago partner in Goldberg Segalla’s Workers’ Compensation Group, discusses how to successfully defend against workers’ compensation claims for repetitive trauma injuries, such as carpal tunnel syndrome. She explains the factors for a repetitive trauma claim and the unique burden of proof challenges for a claimant. Emily then shares strategies for culling out non-meritorious claims. She uses two of her recent victories to illustrate three key elements for the successful defense of a repetitive trauma claim.
Aaron Aisen, an attorney in Goldberg Segalla’s Buffalo Office, surveys the cyber-regulatory framework pertaining to the insurance industry. Aaron starts by identifying the two states, New York and South Carolina, that presently have cybersecurity regulations aimed at insurance companies. Indeed, an important compliance deadline is fast approaching in New York. Aaron breaks down challenges insurers may face when implementing cybersecurity regulations and offers suggestions on how best to effectuate compliance.
Michael Young, a St. Louis partner in HeplerBroom’s Insurance Coverage Group, joins the show to discuss the Missouri Court of Appeals’ decision in State ex rel. Shelter Mutual Insurance Company v. Wagner. Wagner is the first significant case to address attorney-client privilege in the wake of Grewell v. State Farm Mutual Auto Insurance Co., where the Missouri Supreme Court held that a plaintiff in a bad faith action has a right to access its liability insurer’s claim file. As Mike explains, Wagner clarifies whether this right of access extends to privileged communications in a claim file. He also explains why the Wagner rule is superior to adverse rulings in other jurisdictions.
John Allen, a partner in Goldberg Segalla’s St. Louis office, sits down with the podcast to examine workers’ compensation issues presented in the maritime industry. John explains how three different workers’ compensation schemes can be applicable to maritime workers. Two of the schemes are provided under federal law (Jones Act and Longshore Act) while a third option is provided by each individual state’s workers’ compensation law. Due to this complex, overlapping framework, John discusses challenges in determining which scheme to apply and whether concurrent jurisdiction exists. John concludes by highlighting the importance of implementing a thorough investigation program and offers pointers for how insurers can navigate these perilous waters.
Louis Kozloff, a partner in Goldberg Segalla’s Global Insurance Services group and a former Vice President and Chief Litigation Counsel for a large insurance company, along with Todd D. Kremin, a partner in Goldberg Segalla’s Global Insurance Services group, examine the Second Circuit’s high-profile decision in Beazley Insurance Co. v. Ace American Insurance Co.This insurance coverage dispute follows from NASDAQ’s technical problems during Facebook’s initial public offering in 2012. Lou and Todd begin by discussing the Second Circuit’s interpretation of the professional services exclusion found in D&O liability insurance policies. They then identify the key takeaways from the decision and the far-reaching effects the decision may have on underwriting D&O and E&O policies.