Texas is among the minority of states that permit few, if any, deviations from the “eight-corners rule,” which provides that an insurer’s duty to defend must be determined from the complaint and the policy, without regard to extrinsic evidence or
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Hunton Coverage Lawyers Provide Update on Recall-Related Coverage Disputes
Hunton insurance attorneys Geoffrey Fehling and Kevin Small provide several updates on recent recall insurance disputes in the latest edition of the Recall Roundup, posted on the Hunton Retail Law Resource Blog.…
It’s Payback Time: California Ruling Highlights Recoupment Risks in Liability Claims
New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder
NL Industries recently prevailed against its commercial general liability insurers in the New York Appellate Division in a noteworthy case regarding the meaning of “expected or intended” injury and the meaning of “damages” in a liability insurance policy. In Certain…
Oh Snap! Snap Removal is Not All it’s Cracked Up to Be
Hunton commercial litigators and insurance recovery lawyers teamed up to address the intricacies of snap removal – a strategy being employed by insurers and other litigants with increasing frequency. The technique is designed to defeat the forum-defendant rule that permits…
Court Does Not Beat Around The Bush and Is Rather Direct In Rejecting Insurer’s Causation Argument In Computer Fraud Claim
As businesses continue to increase their reliance on technology, they are bound to face the inevitable risks associated with online transactions and other cyber exposures. This, in turn, emphasizes the importance of having the proper insurance policies and compliance methods…
If Courts Have Said it Once They Have Said it a Million Times: Exclusions Susceptible to Multiple Reasonable Interpretations Are Ambiguous
Law360 recently published a roundup of the biggest general liability rulings in the first quarter of 2022. As part of that roundup, it discussed Omega Protein, Inc. v. Evanston Insurance Company, which the Mississippi Supreme Court decided in January 2021.…
Hunton Partner Geoffrey Fehling Appointed to Law360 2022 Insurance Authority Specialty Lines Editorial Advisory Board
Boston-based partner Geoffrey Fehling has been recognized for his extensive experience and insights into emerging issues affecting directors and officers liability and other specialty lines insurance coverage by being selected to Law360’s 2022 Editorial Advisory Board for Insurance Authority Specialty…
Executive Protection Under D&O Policies and the Insured vs. Insured Exclusion
In T.D. Williamson, Inc. v. Federal Ins. Co., the Tenth Circuit recently affirmed a lower court’s decision that an insurer did not have a duty to defend or indemnify its insured, a pipeline company, against a former director’s lawsuit. 21-5043,…
Judgment Means Judgment: The Eleventh Circuit Reestablishes that a Consensual Excess Settlement Can be Used to Satisfy Causation Prong of Bad Faith
In a recently published opinion, the Eleventh Circuit revisited – and departed from – its prior, unpublished decision in Cawthorn v. Auto-Owners Insurance Co., 791 F. App’x 60 (11th Cir. 2019). The Court held that a final judgment that exceeds…