Timely Notice

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.