Photo of G. Benjamin Milam

Ben Milam practices in the areas of financial services litigation and policyholder insurance coverage. Ben represents mortgage lenders on a variety of claims, including unfair trade practices, wrongful foreclosure, the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA). He also represents policyholders in insurance coverage disputes, including title and liability insurance matters.

A new decision from a Mississippi federal court highlights how subtle limitations in policy wording may restrict the types of fraudulent transactions covered by a social engineering insuring agreement. In Gore, Kilpatrick, & Dambrino, LLC v. Spinnaker Insurance Company, the insured was left without coverage when the U.S. District Court for the Northern District

A recent coverage decision by the Delaware Superior Court in Motive Technologies, Inc. v. Associated Industries Insurance Company shows that examining the full timeline of allegations in a lawsuit can defeat policy exclusions barring coverage for litigation arising out of past events. 

Underlying the coverage dispute was a lawsuit between two companies in the business

A small but growing number of cyber insurers are incorporating language into their policies that specifically addresses risks from artificial intelligence (AI). The June 2025 issue of The Betterley Report’s Cyber/Privacy Market Survey identifies at least three insurers that are incorporating specific definitions or terms for AI. This raises an important question for policyholders:

A law recently passed by the New York State Assembly and signed by Gov. Kathy Hochul puts significant limits on the flood insurance that lenders can require borrowers to purchase on loans secured by residential real property. Commentary in the weeks since the law went into effect has focused on potential conflicts between the law