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Lynda A. Bennett

Partner
Chair, Insurance Recovery Group

New York / New Jersey
T: +1 973.597.6338 F: +1 973.597.6339 lbennett@lowenstein.com
  • BIO
  • EXPERIENCE
  • HONORS & AWARDS
  • NEWS & INSIGHTS

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Corporate policyholders rely on Lynda A. Bennett to aggressively litigate, negotiate, and resolve complicated disputes with insurers. To date, she has secured hundreds of millions of dollars in insurance recoveries for her clients.

With more than 25 years of commercial litigation experience, Lynda understands that it is generally not in the best interests of corporate policyholders to engage in protracted and costly litigation, especially when doing so may disrupt business and lead to unwelcome public attention. Her goal is to assess and resolve disputes in a manner that achieves successful outcomes for her clients while minimizing interruptions to business as usual. However, if litigation becomes necessary, she has a keen sense of strategy and will exert maximum leverage to resolve claims as quickly as possible.

Lynda has obtained significant recoveries for clients in D&O, cyber, environmental, asbestos, construction defect, mass tort, product liability, and professional liability cases. She also counsels clients with respect to contractual insurance requirements, new insurance products, innovative risk management tools, and insurance program assessment. Working with the firm's transactional lawyers, Lynda regularly advises strategic acquirers and private equity funds regarding insurance coverage issues that arise in acquisition and investment transactions. She has vast experience and a deep network in the reps and warranties insurance space that is an asset for any deal.

A widely-recognized thought leader, Lynda pioneered Lowenstein Sandler’s entrance into the ever-growing world of podcasts by hosting “Don’t Take No for an Answer,” a bimonthly series featuring 101 lessons on the nuts and bolts of insurance recovery issues and strategies as well as in-depth discussions on timely insurance issues that includes views from all of the stakeholders in the insurance industry.

Lynda has chaired the Insurance Recovery group since 2011 and is a member of the firm's Executive Board and Compensation Committee. She previously served on the firm's Operating Committee and Recruiting Committee.

Lynda is strongly committed to advancing the role of women in the legal profession. She is a founder of the firm's Women’s Initiative Network, is active in legal industry women's groups, and serves as a board member and past president of the New Jersey Women Lawyers Association.

  • Represent Mist Pharmaceuticals, LLC in an ongoing coverage litigation against Berkley Insurance Company (Berkley). We secured partial summary judgment reestablishing Berkley’s duty to defend Mist in an investor lawsuit pending in Delaware. Mist was awarded the full amount of the firm’s litigation fees and costs.
  • Achieved trial and appellate court victories in New York state court for Sterling Infosystems,Inc., a provider of background checks and consumer reports. As a result of these victories, Sterling's professional liability insurer has to cover Sterling, up to its full $5 million policy limit, for several putative class action lawsuits alleging violations of the Fair Credit Reporting Act. In addition, the insurer was ordered to reimburse Sterling for the attorneys' fees and expenses incurred for the coverage litigation.
  • Represented a real estate developer who purchased eight tracts of land from Consolidated Rail Corporation. Shortly after the real estate transaction closed, the developer's title to the properties was challenged by the municipality and several public interest groups. Our Insurance Recovery group secured the insurer's defense obligation. In addition, an appellate court affirmed a $1.6M fee award for past defense costs, representing more than 95 percent of the requested fees. The appellate court also granted our cross-appeal on the right to recover coverage litigation fees and costs and the right to pursue pre-judgment interest.
  • Acted as coverage counsel in a large construction defect litigation involving a multimillion-dollar waterfront development in New Jersey, securing a combined eight-figure insurance recovery from a variety of insurers.
  • Represented a large manufacturer in connection with two environmental claims under a pollution legal liability insurance policy.
  • Represented a health care company to resolve a dispute with its employment practices insurer and the insurer's "panel" defense counsel. The dispute involved tripartite relationship conflict issues, bad faith, and a "noncooperation" defense asserted by the insurer.
  • Represented a developer in connection with a multimillion-dollar title insurance dispute, securing partial summary judgment on the duty to defend and continuing to pursue indemnity coverage, bad faith, and consumer fraud claims.
  • Acts as coverage counsel for several manufacturing and supply companies, providing litigation and counseling assistance regarding claims disputed by various insurers that sold insurance policies to the companies. Also provides counseling advice with respect to managing insurance and indemnity risks in master services and specific project contracts.
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Education

  • Valparaiso University School of Law (J.D. 1994), magna cum laude; Executive Editor, Valparaiso Law Review

    Susquehanna University (B.A. 1991), cum laude

Affiliations

  • New Jersey State Bar Association
    • Member, Insurance Law Section Executive Committee
    • Past Chair, Insurance Law Section
    • Past Chair, Insurance Law Section Newsletter
  • New Jersey Women Lawyers Association
    • Board Member
    • Strategic Planning Advisor
    • Past President
  • Continuing Legal Education
    • Frequent lecturer on insurance-related topics
  • The Leukemia and Lymphoma Society, New Jersey Chapter
    • Board of Trustees
  • Morris Catholic High School
    • Board of Trustees

Admissions

  • New York
  • New Jersey

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Additional Resources

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