Timely Notice

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.