Policyholder Playbook

Policyholder Playbook Episode 54: Avoiding Late Notice Denials Under New York Law

Policyholder Playbook Episode 53: AI Exclusions Are Here, but Negotiable

Policyholder Playbook Episode 52: A Path to Extracontractual Relief in D.C.

Policyholder Playbook Episode 51: Tips for Settling High-Risk Cases With Insurance, Part 2

Policyholder Playbook Episode 50: Tips for Settling High-Risk Cases With Insurance

Policyholder Playbook Episode 49: Internal Insurer Communications Involving Attorneys May Be Discoverable

Policyholder Playbook Episode 48: Consider Seeking in Discovery Internal Insurer Communications

Policyholder Playbook Episode 47: Attack Insurer Arguments That Render Other Policy Parts Illusory

Policyholder Playbook Episode 46: Tips for Pleading Breach of the Implied Covenant in New York

Policyholder Playbook Episode 45: The Insurer’s Policy Interpretation Must Make Sense Grammatically

Policyholder Playbook Episode 44: General Liability Policies Can Cover Breach-of-Contract Claims

Policyholder Playbook Episode 43: Seek the Insurer’s Reserves and Communications With Reinsurers To Discover Its Candid Assessment of Your Claim

Policyholder Playbook Episode 42: A Theme and Catchphrase Catapult New York Bad-Faith Law

Policyholder Playbook Episode 41: Show the Court How the Insurer’s Interpretation Adds or Subtracts Words From the Actual Policy Language, Using Bracketed Text and Strikethrough

Policyholder Playbook Episode 40: Assess Whether the Parent of the Issuing Insurer Should Also Be Sued, Part Two

Policyholder Playbook Episode 39: Stress That Undefined Terms Are Construed Against the Insurer

Policyholder Playbook Episode 38: Has an Insurer ‘On the Fence’ Waived Rights Under a Consent-to-Settle Clause?

Policyholder Playbook Episode 37: Additional Insured Coverage May Have To Respond Before Your Own

Policyholder Playbook Episode 36: Call a Coverage Limitation an ‘Exclusion,’ Even if it’s Not in the ‘Exclusions’ Section of the Policy

Policyholder Playbook Episode 35: Attack Insurer Defenses Raised Late in the Game Using the Waiver Doctrine

Policyholder Playbook Episode 34: Use Hypotheticals to Underscore the Absurdity of the Insurer’s Coverage Denial

Policyholder Playbook Episode 33: The Policy Language Details, Pt. 2—‘Direct Physical Loss’ and Coverage for COVID-19 Losses

Policyholder Playbook Episode 32: The Policy Language Details, Pt. 1—Delaware Ruling That an ‘Insured,’ and Not an Uninsured Parent or Affiliate, Must Satisfy a Self-Insured Retention

Policyholder Playbook Episode 31: Develop a Succinct and Compelling Theme to Tell Your Bad-Faith Story

Policyholder Playbook Episode 30: Insurer’s Policy Interpretation Would Render Coverage ‘Nearly Illusory’

Policyholder Playbook Episode 29: While Renewing an Insurance Tower, Be Aware of These Provisions

Policyholder Playbook Episode 28: Use Insurance Policy Drafting History to Your Advantage

Policyholder Playbook Episode 27: Put the Full-Court Press on an Insurer That Refuses to Settle a High-Risk Claim

Policyholder Playbook Episode 26: Assess Whether the Insurer’s Coverage Position Renders Other Policy Provisions Meaningless

Policyholder Playbook Episode 25: Carefully Assess Whether and How To Involve Your Insurer in Underlying Settlement Negotiations

Policyholder Playbook Episode 24: Insurance Policy Language Is Negotiable, and Every Word Matters

Policyholder Playbook Episode 23: Seek Insurer Pre-Approval of Crisis Response Vendors, Consultants and Attorneys

Policyholder Playbook Episode 22: Look to Insurance for Business Loss Caused by Issues With Suppliers or Customers

Policyholder Playbook Episode 21: Carrying the Insurer’s Argument to Its Logical Extreme

Policyholder Playbook Episode 20: To Trigger the Duty To Defend, Find One Covered Allegation

Policyholder Playbook Episode 19: Consider Whether the Insured Is Entitled to Independent Defense Counsel

Policyholder Playbook Episode 18: Lesson From a Recent Victory – Use Dictionary Definitions to Support Your Plain Language Argument

Policyholder Playbook Episode 17: Use Rules of Insurance Policy Interpretation to Your Advantage

Policyholder Playbook Episode 16: Do Not Assume Choice-of-Law Clauses Apply to Extracontractual Claims

Policyholder Playbook Episode 15: Don’t Let Your Insurer Withhold Parts of its Claim File Because of Attorney Involvement

Policyholder Playbook Episode 14: Do Not Assume Your Insurer Is Entitled to Privileged Documents and Work Product Generated in the Underlying Action

Policyholder Playbook Episode 13: Always Consider Bad Faith

Policyholder Playbook Episode 12: Protect Communications With Your Broker

Policyholder Playbook Episode 11: Read Every Decision by Your Judge

Policyholder Playbook Episode 10: Insurer-to-Reinsurer Communications Could be Pivotal in Your Coverage Dispute

Policyholder Playbook Episode 9: Assess Whether the Parent Company of the Issuing Insurer Should Also Be Sued

Policyholder Playbook Episode 8: When Litigating With Multiple Insurers, Consider Seeking Inter-Insurer Communications

Policyholder Playbook Episode 7: Scour the Policy for Provisions That Amplify Your Argument

Policyholder Playbook Episode 6: Lesson From the 11th Circuit - Your Insurer Cannot Change the Scope of Your Insurance Coverage Through Extrinsic Letters or Guidelines

Policyholder Playbook Episode 5: Don’t Allow Your Insurer to Rewrite Your Policy