In First Mercury Insurance Co. v. First Florida Building Corp., et al.[AY1] , a federal district court ordered that an insurer had a duty to defend its insured against an underlying personal injury lawsuit. 2023 WL 23116, at *1 (M.D.
Hunton Insurance Recovery Blog
Updates, Analysis and Breaking News for Commercial Policyholders
The Hunton Insurance Recovery Blog, published by Hunton Andrews Kurth LLP, focuses on issues related to insurance coverage and recovery strategies. It covers topics such as property and business interruption insurance, risk management tools like the SAFETY Act, and emerging liabilities including those related to artificial intelligence. The blog also addresses legal developments in insurance policy rescission, directors and officers liability, and commercial litigation forums such as New York's Commercial Division. It provides insights into regulatory and litigation trends affecting policyholders, with an emphasis on complex insurance disputes and risk mitigation for businesses across various industries.
Latest from Hunton Insurance Recovery Blog - Page 12
Alice Weeks Named to Miami Dade Bar’s Young Lawyers Section 40 Under 40
Congratulations to Alice Weeks, an associate on the Hunton Andrews Kurth insurance coverage team, for recently being named as an inaugural honoree for the Miami Dade Bar’s Young Lawyers Section 40 Under 40 awards.
The Miami Dade Bar Young…
Insurer Can’t Flush Away Its Duty to Defend
In a recent opinion, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered by any allegations in a complaint that potentially fall within a policy’s coverage grant. In Harleysville…
Ohio Supreme Court Launches COVID-19 Holdings into Cyberspace; Denies Coverage for Physical Loss or Damage to Computer Software
Last week, the Ohio Supreme Court ruled in EMOI Services, L.L.C. v. Owners Ins. Co., 2022 WL 17905839 (Ohio, Dec. 27, 2022), that a policyholder did not suffer direct physical loss of or damage to computer media that was encrypted…
Michael Levine and Peers Expose Insurers’ COVID-19 Sins
The Insurance Coverage Law Center has published an article in which Hunton insurance recovery partner, Michael Levine, exposes evidence of insurance company sins unearthed in the COVID-19 business interruption insurance litigation battleground. The article discusses evidence obtained from four of…
Court: “Literal” Reading Of Insurance Statute Is “Poppycock”
The Fourth Circuit recently held that a “literal” interpretation of a North Carolina insurance law was “poppycock.” Whitmire v. S. Farm Bureau Life Ins. Co., No. 21-1643 (4th Cir. 2022). The case involved a North Carolina statute that required an…
Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
The Fourth Circuit recently affirmed insurance coverage for a South Carolina policyholder based on the “axiomatic principle” that an insurer which fails to fully and fairly articulate its potential coverage defenses in a reservation of rights letter loses the right…
Policy Renewals: Has Your Insurer Been Naughty or Nice?
A review of insurance policies at renewal should be on every business’s annual task list—and it should be checked twice! Just as your business grows and evolves every year, so should your insurance program. Together with staying proactive and preparing…
Court Holds that Design and Manufacture of Allegedly Injurious Product is Only One Occurrence, In Win for Policyholders
On November 23, 2022, a federal court in Minnesota highlighted the importance of strategically approaching product liability claims, both in terms of their underlying defense and their insurability. In Federal Insurance Company v. 3M Company, No. 21-2093 (JRT/DTS), 2022 WL…
Unanimous California Supreme Court Affirms Breadth of Policy-Interpretation Rules in Confirming That CGL Policies Cover TCPA Liabilities
In Yahoo, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA., the California Supreme Court confirmed that contra proferentem and other rules of policy interpretation apply even to language insurers argue is “manuscript” as long as the provisions…