Timely Notice

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.