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.