Timely Notice

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.