EDVA Finds Computer Fraud Occurred “Directly” From a Computer Despite Numerous Non-Computer Acts in the Causal Chain of Events

January 2, 2020

Following a bench trial, the United States District Court for the Eastern District of Virginia found in The Cincinnati Insurance Co. v. The Norfolk Truck Center that a commercial truck dealer’s social engineering loss arose directly from a computer, thereby triggering the dealer’s computer fraud coverage, notwithstanding that the scheme involved numerous non-computer acts in the causal chain of events. A copy of the decision may be found here.…

Hunton Insurance Recovery Blog

Missouri Appeals Court Says Malicious Prosecution Injury Occurs in Each Year of Incarceration; Counter to the Illinois Supreme Court’s Recent Sanders Decision

By Michael S. Levine & Kevin V. Small

December 30, 2019

In Ferguson v. St. Paul Fire and Marine Insurance Co., the Missouri Court of Appeals, Western District, found that a public entity liability policy covered the injuries sustained by a man that had been wrongfully convicted, notwithstanding that the policy was issued years after the relevant prosecution. The court’s ruling is in stark contrast to the Illinois Supreme Court’s recent decision in Sanders v. Illinois Union Insurance Co., No. 124565, 2019 WL6199651 (Ill. Nov. 21,…

Hunton Insurance Recovery Blog

Hunton Attorneys Author Practical Law Q&A Guide Concerning an Insurer’s Duties to Defend and Indemnify Under New York Law

By Michael S. Levine & Kevin V. Small

December 18, 2019

Few areas of New York law as complex and nuanced as the law regarding an insurer’s duties to defend and indemnify. To help practitioners efficiently navigate this area of the law, Hunton Andrew Kurth insurance attorneys Michael S. Levine and Kevin V. Small authored a Q&A guide published by Practical Law. The full article is available here. In the Q&A guide, the authors identify questions practitioners are likely to encounter regarding an insurer’s duties…

Hunton Insurance Recovery Blog

New Illinois Supreme Court Trigger Rule for CGL Personal Injury “Offenses” Could Have Costly Consequences for Policyholders

By Michael S. Levine & Kevin V. Small

December 10, 2019

The Illinois Supreme Court’s recent decision in Sanders v. Illinois Union Insurance Co., 2019 IL 124565 (2019), announced the standard for triggering general liability coverage for malicious prosecution claims under Illinois law. In its decision, the court construed what appears to be a policy ambiguity against the policyholder in spite of the longstanding rule of contra proferentem, limiting coverage to policies in place at the time of the wrongful prosecution, and not the policies in…

Hunton Insurance Recovery Blog

Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court

By Michael S. Levine & Kevin V. Small

November 11, 2019

In a recent decision, the Maryland Court of Special Appeals reiterated that the duty to defend broadly requires a liability insurer to defend an entire lawsuit against its insured, even where only some of the allegations are potentially covered. The court further held that the insured has no obligation to apportion defense costs among multiple implicated policies. The decision, Selective Way Insurance Company v. Nationwide Property and Casualty Insurance Company, et al., can be found…

Kevin V. Small

EDVA Finds Computer Fraud Occurred “Directly” From a Computer Despite Numerous Non-Computer Acts in the Causal Chain of Events

Missouri Appeals Court Says Malicious Prosecution Injury Occurs in Each Year of Incarceration; Counter to the Illinois Supreme Court’s Recent Sanders Decision

Hunton Attorneys Author Practical Law Q&A Guide Concerning an Insurer’s Duties to Defend and Indemnify Under New York Law

New Illinois Supreme Court Trigger Rule for CGL Personal Injury “Offenses” Could Have Costly Consequences for Policyholders

Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court

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