Latosha M. Ellis

Firm/Organization: Hunton Andrews Kurth LLP

Latest Articles

Insurer Argues No Coverage for Privacy Breach That Exposed Credit Card Numbers

December 17, 2019

Illinois National Insurance Company, an AIG Commercial Insurance company, (“AIG”) told a Pennsylvania federal court in a brief opposing summary judgment that it has no duty to defend Hub Parking Technology USA Inc. (“Hub”), a Pittsburgh-area parking technology company, in a third-party complaint alleging a privacy breach that exposed customers’ credit card numbers at Cleveland Hopkins International Airport.…

Hunton Insurance Recovery Blog

Insurer Must Face Email Spoofing Lawsuit

By Walter J. Andrews & Latosha M. Ellis

November 15, 2019

A New York federal court denied AIG Specialty Insurance Company’s (“AIG”) motion to dismiss breach of contract and bad faith claims in a lawsuit filed by SS&C Technology Holdings, Inc. (“SS&C”). SS&C alleges that AIG breached its contract by failing to cover losses stemming from a cyber incident in which hackers duped the company out of millions of dollars.…

Hunton Insurance Recovery Blog

Insurers Have High Hopes After House Passes SAFE Banking Act

By Lorelie S. Masters & Latosha M. Ellis

November 14, 2019

Last week, in an exciting moment, the U.S. House of Representatives, voted 321 to 103 in favor of H.R.1595, the Secure and Fair Enforcement Banking Act of 2019 (“SAFE Banking Act”). If enacted into law, the SAFE Banking Act, would provide financial institutions, including insurers, a safe harbor to do business with “cannabis-related legitimate businesses” in the United States. In particular, the act would protect insurers, independent agents, and brokers from criminal and civil liability…

Hunton Insurance Recovery Blog

Insurer Cannot Invoke Duty to Cooperate as Affirmative Defense After Denying Coverage

By Lawrence J. Bracken II, Michael S. Levine & Latosha M. Ellis

October 15, 2019

In Dunn, et al. v. Columbia National Insurance Company, No. 2:17-cv-0246 (N.D. Ga.), an insurance company refused to defend an insured in a personal injury claim contending that the insured failed to cooperate in the defense. The underlying claim stemmed from an automobile accident, where an employee of Lawson Air Conditioning and Plumbing, Inc. (“Lawson”), Ronald Patterson, struck members of the Dunn family with a pickup truck owned by Lawson as the family was…

Hunton Insurance Recovery Blog

Hunton Insurance Recovery Team Discusses Mitigating Compliance Risks Under DFARS and Other Federal Regulations

By Latosha M. Ellis

August 15, 2019

In the August 2019 publication of Contract Management, Hunton insurance recovery lawyers Walter Andrews, Lorelie Masters, Michael Levine, and Latosha Ellis discuss how a robust insurance program can help government prime contractors mitigate potential financial risks associated with downstream data breaches or releases. In the article, the authors explain government prime contractors’ cybersecurity obligations under DFARS and other federal regulations. A copy of the article is here.…

Hunton Insurance Recovery Blog

It’s Not Rocket Science: Ninth Circuit Rejects Insurer’s Attempt to Invoke War Exclusion for Hamas Rocket Attack

By Michael S. Levine, Andrea DeField & Latosha M. Ellis

July 17, 2019

In a significant win for policyholders, the Ninth Circuit rejected an insurer’s argument that the common meaning of “war” applied when interpreting a war exclusion, instead of the customary usage of the term, pursuant to Cal. Civ. Code 1644, and revived NBC Universal’s attempt to recover at least $6.9 million in costs incurred to relocate the production of a television show from Jerusalem during the 2014 Israeli-Palestinian conflict. Universal Cable Prods., et al., LLC v. …

Hunton Insurance Recovery Blog

Hoping Pharrell Is “Happy” That He Obtained Event Cancellation Insurance For Something In the Water Festival

By Sergio F. Oehninger & Latosha M. Ellis

May 1, 2019

The cancellation of the first day of music mogul Pharrell Williams’s inaugural Something In the Water Music Festival (SITW) in Virginia Beach, Virginia due to stormy weather is a recent reminder of the importance of securing event cancellation and business interruption insurance to mitigate the significant economic risks posed by outdoor events.[1]…

Hunton Insurance Recovery Blog

Zurich Invokes War Exclusion in Battle Over Coverage for NotPetya Attack

By Michael S. Levine & Latosha M. Ellis

January 22, 2019

Notwithstanding the absence of a congressional war declaration since Japan bombed Pearl Harbor, Zurich American Insurance Company has invoked a “war exclusion” in an attempt to avoid covering Illinois snack food and beverage company Mondelez International Inc.’s expenses stemming from its exposure to the NotPetya virus in 2017. The litigation, Mondelez Intl. Inc. v. Zurich Am. Ins. Co., No. 2018-L-11008, 2018 WL 4941760 (Ill. Cir. Ct., Cook Cty., complaint filed Oct. 10, 2018), remains pending…

Hunton Insurance Recovery Blog

Year in Review: Top Insurance Cases of 2018

By Michael S. Levine & Latosha M. Ellis

January 17, 2019

2018 was a big year for insurance coverage cases, especially those involving social engineering phishing, spoofing and other schemes of trickery and deception. The insurance recovery lawyers at Hunton Andrews Kurth have compiled their list of the top insurance cases of 2018. A copy of the Review can be found here.…

Hunton Insurance Recovery Blog

Hunton Insurance Partner Michael Levine Comments on Ohio’s Adoption of NAIC’s Insurance Data Security Model Law

By Latosha M. Ellis

January 8, 2019

Hunton Andrews Kurth insurance partner Michael Levine was recently interviewed by LegalTech News concerning Ohio’s recent adoption of the National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law. The law, modeled after the New York State Department of Financial Services Cybersecurity Requirements for Financial Service Companies Act, seeks to provide a framework for states to address risks and develop cybersecurity guidelines for insurance companies. Ohio became the second state, after South Carolina, to…

Latosha M. Ellis

Insurer Argues No Coverage for Privacy Breach That Exposed Credit Card Numbers

Insurer Must Face Email Spoofing Lawsuit

Insurers Have High Hopes After House Passes SAFE Banking Act

Insurer Cannot Invoke Duty to Cooperate as Affirmative Defense After Denying Coverage

Hunton Insurance Recovery Team Discusses Mitigating Compliance Risks Under DFARS and Other Federal Regulations

It’s Not Rocket Science: Ninth Circuit Rejects Insurer’s Attempt to Invoke War Exclusion for Hamas Rocket Attack

Hoping Pharrell Is “Happy” That He Obtained Event Cancellation Insurance For Something In the Water Festival

Zurich Invokes War Exclusion in Battle Over Coverage for NotPetya Attack

Year in Review: Top Insurance Cases of 2018

Hunton Insurance Partner Michael Levine Comments on Ohio’s Adoption of NAIC’s Insurance Data Security Model Law

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