Massachusetts’ highest court ruled earlier this month that attorney’s fees awarded under the Commonwealth’s consumer protection statute are not covered damages under a general liability insurance policy. Consequently, the decision in Vermont Mutual Insurance Co. v. Poirier, Slip Op. SJC-13209
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 16
COVID-19 Losses and Number of Occurrences
Recently, an Illinois federal judge ruled that where government shutdown orders due to COVID-19 in different states impacted one insured, that insured suffered separate occurrences in each effected state. Dental Experts, LLC v. Massachusetts Bay Ins. Co., No. 20 C…
Judgment (Still) Means Judgment: The Eleventh Circuit Extends McNamara to a Proposal for Settlement
Hunton Andrews Kurth LLP recently wrote about the Eleventh Circuit decision in McNamara v. Gov’t Employees Ins. Co., 30 F.4th 1055 (11th Cir. 2022) (“McNamara”), where the court held that a consensual settlement (such as a consent judgment) serves as…
Wildfire Insurance Coverage Series, Part 7: How to Successfully Prepare, Submit and Negotiate the Claim
Prior posts in this series have discussed insurance coverage issues that pertain directly to wildfire claims, but we have not yet addressed how one proceeds following a loss. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss…
Two Lawyers From Hunton’s Insurance Recovery Group, Andrea DeField and Latosha Ellis, Selected for American Bar Association’s 2022 “On The Rise” Award
Partner, Andrea DeField, and counsel, Latosha Ellis, were each recently awarded “On the Rise – Top 40 Young Lawyers” honors by the American Bar Association’s Young Lawyers Division. The award honors 40 of the nation’s most promising lawyers under the age of 40 or…
IRS Scrutinizes Legitimacy of Captive Insurance Arrangement
The IRS recently filed a petition to enforce summonses issued to investigate tax liability stemming from a business’s involvement in a captive insurance transaction. While captives can have many advantages—ranging from increased control, reduced costs, and favorable tax benefits—the IRS…
Don’t Put All Your Eggs in the Silent-Cyber Basket
The Eastern District of Pennsylvania recently gave another reminder why cyber insurance should be part of any comprehensive insurance portfolio. In Construction Financial Administration Services, LLC v. Federal Insurance Company, No. 19-0020 (E.D. Pa. June 9, 2022), the court rejected…
Wildfire Insurance Coverage Series, Part 6: Ensuring Availability of Insurance and State Regulations
Because of the potential exposure associated with wildfires, many insurers have attempted to withdraw from the property coverage market in various states. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss the challenges businesses and individuals face…
A Sign of the Times: Policyholder Forced to Sue Insurers to Resume Payment of Defense Costs
In what is an unfortunate sign of the times, Springpoint Senior Living, Inc. recently sued its insurers in New Jersey federal court claiming they abruptly stopped covering Springpoint’s defense costs after doing so for nearly a decade. A copy of…
Dogs And Insurance, These Are A Few Of Our Favorite Things (Pictures Included!)
Earlier this year, New York passed a law addressing dogs and homeowners’ insurance. Some insurers selling homeowners’ insurance policies will decide whether and how to issue coverage based on the type of dog residing with the homeowners. For example, these…