Insurance Coverage for Harvard’s SCOTUS Affirmative Action: Broker Malpractice as the Next Chapter in the Coverage Playbook | Lowenstein Sandler LLP

In this episode of “Don’t Take No For an Answer,” hosts Lynda A. Bennett and Eric Jesse, partners in Lowenstein Sandler’s Insurance Recovery Group, discuss an insurance coverage issue stemming from the U.S. Supreme Court case involving Harvard University’s affirmative action program. After Harvard and/or its broker failed to notify an excess insurer of the affirmative action lawsuit, and after Harvard litigated and lost against that insurer to try to get coverage, Harvard went to the next chapter in the coverage playbook and filed a broker malpractice lawsuit. Lynda and Eric use this lawsuit as a case study for what policyholders can and should do to proactively protect themselves and how to respond if faced with having to bring such a claim against an insurance broker.


Lynda A. Bennett, Partner and Chair, Insurance Recovery
Eric Jesse, Partner, Insurance Recovery

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