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Hunton Andrews Kurth LLP

Michael S. Levine

Michael S. Levine

Partner

Expertise

  • Appellate
  • 3D Printing
  • Advertising and Marketing Litigation
  • Advertising Litigation

WSG Practice Industries

Activity

Profile

Mike has more than 25 years of experience litigating insurance disputes and advising clients on insurance coverage matters.

Mike Levine is a partner in the firm’s Washington, DC office and a member of the firm’s Insurance Recovery team. Mike’s policyholder representation focuses on:

  • Property damage and business interruption claims, including COVID-19 losses
  • Event cancellation insurance counseling
  • Representations and warranties coverage
  • Commercial, professional, corporate and employment liabilities under CGL, pollution, E&O, D&O and EPLI insurance policies

Mike has spent his entire career advising clients about insurance and handling insurance coverage disputes. As a young lawyer, Mike represented the insurance industry in some of the highest-stakes matters, including the property, liability and appraisal proceedings arising from the Sept. 11 terrorist attack on the World Trade Center. Mike has devoted the latter half of his career to helping policyholders obtain the insurance recoveries they deserve, where Mike leverages his substantial insurance industry experience to maximize his clients’ insurance recoveries.

In recent years, Mike has recovered hundreds of millions of dollars of insurance proceeds for clients under general liability, property, directors and officers, cyber, errors and omissions, employment, environmental, and representations and warranties insurance coverages.

Mike is a prolific writer and frequently serves as a faculty member and lecturer on issues concerning insurance recovery, insurer bad faith and unfair claims practices and assessing coverage for new and emerging risks, such as COVID-19, cyber and disruptive technologies. Mike also serves as an editor of the ABA’s insurance coverage journal, Coverage, as well as manager and editor of the firm’s Insurance Recovery Blog.

Relevant Experience

  • Member of the firm’s COVID-19 Working Group.
  • Advising and litigating numerous COVID-19 business interruption insurance claims.
  • Advised national service provider regarding business interruption claims arising from Hurricanes Irma, Harvey, Michael and Florence.
  • Advising financial institution regarding business interruption losses and extra expense resulting from Hurricane Maria.
  • Representing law firm in litigation regarding firm’s business interruption losses resulting from Hurricane Harvey.
  • Coverage counsel to private equity firm and its portfolio companies, advising on directors and officers (D&O) liability insurance, professional liability insurance, and cyber insurance matters.
  • Advising major petroleum pipeline company about insurance coverage issues arising out of recent accidents and environmental incidents. Also advising the client about potential recoveries from contractors’ insurers and additional insured coverage.
  • Advising luxury resort concerning property damage, business interruption and extra expense loss resulting from 1000-year flood event.
  • Recovered more than $200 million from liability insurers for major energy infrastructure company’s third-party liability and property damage losses arising out of petrochemical plant explosion.
  • Advising major energy infrastructure company concerning business interruption losses arising out of petrochemical plant explosion..
  • Litigated claim to recover defense costs and amounts paid to settle class claims concerning allegedly improper bank fees and assessments.
  • Represented municipality to recover $13.7 million under commercial property policy for flood-related property damage and extra expense.
  • Successfully resolved insurance dispute over the duty to defend a public entity’s tort liabilities and resulting $32 million dollar jury verdict.
  • Successfully resolved dispute concerning claims of tortious interference and business conspiracy against a major auto manufacturer’s liability insurer.
  • Successfully resolved dispute concerning availability of insurance for mass claims alleging civil rights violations, wrongful imprisonment and unlawful prosecution.
  • Lead trial counsel in lawsuit by auto dealer involving claims for property damage, loss of business income and insurer bad faith; obtained favorable jury verdict on all claims.
  • National coordinating counsel for welding fume exposure claims and related third-party liability coverage issues.
  • Successfully litigated a lawsuit involving a major US airline’s 9/11-related business interruption claim.
  • Trial and appellate counsel in the World Trade Center Properties property coverage litigation; obtained summary judgment and a favorable decision from the US Court of Appeals for the Second Circuit regarding the number of “occurrences” arising from the 9/11 terrorist attack.
  • Appraisal counsel for the World Trade Center property valuation appraisal.
  • Successfully litigated coverage dispute concerning third-party “bodily injury” and “property damage” claims arising out of the 9/11 terrorist attack on the World Trade Center.
  • Successfully litigated individual and class claims involving property and liability coverage for claims involving toxic mold.
  • Successfully litigated numerous coverage actions concerning the availability of liability coverage for lawsuits alleging industry-wide negligence and intentional conduct in the manufacturing, marketing and sale of handguns.

Bar Admissions

  • District of Columbia
  • Massachusetts
  • New York
  • Virginia

Education

BA, Stony Brook University, State University of New York, 1988
Areas of Practice

3D Printing | Advertising and Marketing Litigation | Advertising Litigation | Appellate | Blockchain | Business Litigation | Commercial Litigation | Complex Consumer and Financial Services Litigation | Cross-Border Insurance Coverage | Cyber Insurance | Cyber Investigation and Privacy Litigation | Cyber Investigations and Privacy Litigation | Discovery and E-Discovery | E-Discovery | Energy and Environmental Litigation | Energy Litigation | Financial Services Litigation | Insurance Coverage | Insurance Coverage Counseling and Litigation | Insurance Litigation and Counseling | Issues and Appeals | Litigation | Pipeline | Reinsurance | Rocket Docket Practice (US District Court for the Eastern District of Virginia) | Transactional Insurance

Professional Career

Significant Accomplishments

  • Successfully resolved lawsuit involving tortious interference and business conspiracy claims.
  • Successfully resolved insurance coverage dispute concerning mass claims alleging civil rights violations, wrongful imprisonment and unlawful prosecution.
  • Lead trial counsel in lawsuit involving property damage, loss of business income and insurer bad faith; obtained favorable jury verdict on all claims.
  • National coordinating counsel for welding fume exposure claims.
  • Trial counsel and appellate counsel in a lawsuit involving an airline's 9/11-related business interruption claim.
  • Trial and appellate counsel in the World Trade Center Properties property coverage litigation; obtained summary judgment and a favorable decision from the U.S. Court of Appeals for the Second Circuit affirming the number of occurrences arising from the 9/11 terrorist attack.
  • Successfully litigated property and liability coverage matters involving toxic mold, including a class action lawsuit in Louisiana.
  • Successfully litigated numerous coverage actions concerning the availability of liability coverage for lawsuits alleging industry-wide negligence and intentional conduct in the manufacturing, marketing and sale of handguns.


Professional Associations

  • Managing Editor, Coverage, American Bar Association Insurance Coverage Litigation Committee (2006-present)
  • Co-Chair, American Bar Association Insurance Coverage Litigation Committee's Programming Subcommittee (2005-2009)
  • Co-Chair, American Bar Association Insurance Coverage Litigation Committee's Subcommittee on Emerging Coverage Issues (2003-2005)
  • Vice Co-Chair, American Bar Association Insurance Coverage Litigation Committee's Mid-Year Meeting (2003)
Articles

Allegations That COVID-19 was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit
Hunton Andrews Kurth LLP, June 2021

On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021)...

Year in Review: Top Insurance Cases of 2020
Hunton Andrews Kurth LLP, January 2021

Not surprisingly, COVID-19 business interruption insurance disputes dominated media headlines for most of 2020. Nonetheless, there were a number of other insurance rulings that will undoubtedly shape the coverage landscape. Policyholders enjoyed a number of significant wins including significant victories related to COVID-19 business interruption cases. The start of a new year gives us an opportunity to highlight some of 2020’s most notable coverage decisions...

Hunton Insurance Recovery Blog: Updates, Analysis and Breaking News for Commercial Policyholders
Hunton Andrews Kurth LLP, December 2020

This Client Alert is a monthly update on insurance recovery developments as posted on the Hunton Insurance Recovery Blog. If you would like to receive email alerts when new posts are published, please visit our blog and enter your email address in the subscribe field...

Additional Articles

  • Look Closely At Insurer Allegations Concerning Privilege, Law360
  • Migrating Sand Triggers Separate Policy Limits for CGL Policy’s Personal Injury and Property Damage Coverages, FC&S Legal
  • Hurricane Harvey Threatens Huge Losses, but Insurance Can Help Weather the Storm, Texas Lawbook
  • A Tough Pill to Swallow for Insurers – Seventh Circuit Finds Defense Owed for State’s Prescription Drug Suit, FC&S Legal
  • Welding Fume Exposure Claims and Their Implications Under Contracts For General Liability Insurance, Mealey's Litigation Report, Vol 2, No. 1
  • Virginia Federal Court Rejects Liability Insurer’s ‘Business Pursuits’ and ‘Known Falsity’ Exclusions; Owes Defense For Slander Allegations, FC&S Legal
  • Business Liability Policy Requires Insurer to Defend Defamation and Business Tort Claims Arising Out of Business’ Web Site Publications, FC&S Legal
  • Fourth Circuit Rules under Maryland Law that Insurer May Not Void Policy Based on Ambiguous Policy Application Questions, FC&E Legal
  • Defense Is Owed by CGL Insurer For Loss of Use and Diminished Value Resulting from Alleged Easement Trespass FC&S Legal
  • As Amazon’s and Walmart’s Drones Take to the Skies, it is Important for Commercial Policyholders to Have a Strategy to Protect Against Drone-Related Risks and to Maximize their Recovery in the Event of a Loss, National Law Review
  • Implications of Flagship Credit V. Indian Harbor, Law360
  • Maximizing Recovery For Hurricane Sandy Losses, Insurance Law360
  • Insurer Equitably Obligated to Contribute to the Defense of a Common Insured, Eye on the Experts: FC&S Legal
  • Eleventh Circuit Rules Under Alabama Law That Breach Of Warranty Claims Constitute An “Occurrence” And Coverage Is Not Barred By A General Liability Policy’s Contractual Liability Exclusion, FC&S Legal
  • 2016 Retail Industry Year in Review
  • Judges – Not Juries – Award Attorney’s Fees In Virginia Bad Faith Cases, FC&S Legal
  • Insurance May Help the Winter Storm, FC&S Legal
  • Texas Federal Court Finds Factual Allegations Trump Legal Theories for Coverage Purposes
  • Top 10 Employment Liability Concerns, SHRM HR Magazine, Vol. 60, No. 6
  • Hurricanes Highlight Need for Contingent Business Interruption Insurance, Risk Management
  • Court finds no crime coverage for computer fraud losses, International Law Office: IT & Internet Newsletter
  • Protect Your Insurance Recovery After California Fires, Law360
  • Fla. Appellate Court Expands Insurance Bad Faith Law, Law360
  • The Cyber Threat: Is Your Business Adequately Covered for a Cyber Event?
  • Uncertainty About Hurricane Florence’s Impact Zone Has Caused Widespread Event Cancellations. Insurance May Cover The Financial Loss
  • Most Courts Limit Scope of Insured v. Insured Exclusion, Law360
  • Are Courts Ignoring Policy Interpretation Rules in COVID Decisions?, Insurance Coverage Law Center
  • Insured Directors Not ‘Necessary’ for Complete Adjudication of Insurer’s Coverage Obligations, Insurance Coverage Law Center
  • A "Flood of Uncertainty": Contractual Erosion in the Wake of Hurricane Katrina and the Eastern District of Louisiana's Ruling In Re Katrina Canal Breaches Consolidated Litigation, Tulane Law Review, Vol. 81:1277
  • Nanotechnology: Tiny Technology, Big Risk?, Andrews Insurance Coverage Litigation Reporter, Vol. 15, No. 10
  • The Essentials of Business Interruption Coverage In The Wake Of September 11, 2001, Mealey’s Business Interruption Insurance Report, Vol. 1, No. 3
  • Wis. High Court Clarifies Contours of Pollution Coverage, Law360
  • Filling In The Gaps For Excess Insurance Coverage, Law360
  • CGL Policies In 4th Circ. May Cover Intentional Conduct, Law360
  • Hurricane insurance claims: key causation and coverage issues, WestLaw Insurance
  • Costs Relating to Regulatory Investigations, Derivative Lawsuits, and Independent Consultant's Investigations Are Covered Under Contracts for Directors' and Officers' Liability Insurance, Financial Fraud Law Report, Vol. 3, No. 9
  • Year in review: Top insurance cases of 2018, Thomson Reuters Westlaw
  • Pollution Exclusion Applies To Lead Poisoning Claim Under CGL Policy
  • Is There Insurance Coverage For Lawsuits Against The Firearm Industry?, Nevada Law Journal, Vol. 2, No. 2, 533
  • Property Insurance Dispute Resolution, Appleman on Insurance Law, Vol. 5, Chapter 48
  • Contingent Business Interruption Coverage for Superstorm Sandy Losses, American Bar Association Section of Litigation – Insurance Coverage Litigation Newsletter
  • Fourth Circuit Confirms Insurer Waived Right to Rescind Policy Based on Pre-Loss Knowledge that Certain Conditions to Coverage Had Not Been Met, Eye on the Experts: FC&S Legal
  • PRP Letters Now Trigger Insurer's Duty To Defend, Law360
  • Year in Review: Insurance Coverage Developments in 2016, Westlaw Journal’s Insurance Coverage
  • Unchained and Decrypted: Coverage Issues Concerning Blockchain and Cryptocurrencies Explained, Insurance Law Essentials, Deep Dive, IRMI
  • Insurers To Indemnify $132 Million Loss From Train Collision Allegedly Caused By Texting Engineer, FC&S Legal
  • Cannabis coverage conundrum: Was this property claim doomed? Property Casualty 360°
  • NJ Insureds Benefit From Broad Reading Of Physical Loss, Law360
  • Will Your Crime Insurance Cover Cyber?, Risk Management Magazine
  • Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-Faith Claim Against First-Party, FC&S Legal
  • First Circuit’s Revival of Lost Policy Case Demonstrates That Policyholders Should Not Be So Quick To Give Up On Coverage, FC&S Legal
  • Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker, National Law Review
  • Top Insurance Cases of 2020 - Part 1: Business Interruption, Insurance Coverage Law Center
  • Top Insurance Cases of 2020: Part 2 - Other Noteworthy Cases, Insurance Coverage Law Center
  • Fifth Circuit Holds That Insured Versus Insured Exclusion Does Not Bar Coverage For All Suits Between Insureds, FC&S Legal
  • Key Insurance Considerations in a Record Hurricane Season, Risk Management
  • Florida Appellate Court Says Class Action “Relates Back” To Earlier-Filed Suit, Thereby Triggering Claims-Made Coverage, FC&S Legal
  • Insurer’s Duties to Defend and Indemnify: New York, Practical Law
  • Q&A: Insurance attorney Michael S. Levine on COVID-19 coverage issues, Thomson Reuters- Westlaw
  • Florida Supreme Court: When It Comes To UM Damages Verdicts And Bad Faith, “What Is Good For The Goose Is Good For The Gander,” FC&S Legal
  • Ensuring Adequate Coverage for 3D Printing, Sharing Economy and Other Emerging Industries
  • REBUTTAL: Flood Insurance Is Different For Businesses, Law360
  • Lessons Learned from the Storms of 2017, ABA’s Insurance Coverage, Vol. 28, Issue 3
  • Eleventh Circuit Rejects Insurer’s Application of ‘Manifestation Trigger’ in Property Damage Case, FC&S Legal
  • Noteworthy insurance cases from 2019, PropertyCasualty360
  • Flood Coverage and High Hazard Zones: Issues Policyholders Should Be Aware Of, ABA Coverage Journal
  • Purported COVID-19 Class Actions Face Big Hurdles, Daily Report
  • Third DCA Ruling Requires Insurers to Provide Extra Counsel, Daily Business Review
  • Can Estoppel Coverage be Created if Defense Prejudices the Insured?, Law.com
  • Year in Review Insurance Developments in 2014, Law360
  • Setback For Pa. Insurers In Product Liability Cases, Law360
  • Insurance Mitigates Cyber-Related Risk, The American Oil & Gas Reporter
  • Year in Review: Important Long-Tail Claim and Malicious Prosecution Cases from 2019, Connecticut Law Tribune
  • The New Bermuda Triangle: Arbitration of Coverage Disputes Under the Bermuda Form, American College of Coverage Counsel Member News Article of the Month
  • Fracking Liabilities May Be Covered By Insurance, Mealey's Litigation Report, Vol. 26, No. 1
  • Insurers Win Series Against Lakers in TCPA D&O Shootout, Law360
  • Florida Federal Court Rejects Insurer’s Attempt To Avoid Indemnity For Damage Caused By Construction Defects, Insurance Coverage Law Report
  • Insurance Planning for 2016: Top Ten Real Estate Liability Concerns, Real Estate Finance Journal
  • REBUTTAL: Fracking Bans May Trigger Civil Authority Coverage, Law360
  • Top D&O insurance cases of 2019, NU Property Casualty 360
  • Year in Review: Notable Insurance Coverage Developments of 2017!, Thomson Reuters Westlaw® 
  • Class Certification And Multidistrict Litigation Hurdles For Business Interruption Claims, Mealey’s Litigation Report: Insurance
  • Insurance Mitigates Cyber-Related Risk, American Oil & Gas Reporter
  • Court: You Can Create Coverage by Estoppel if Insurer’s Defense Prejudices the Insured, Daily Business Review
  • 3 Unexpected Risks Covered By Homeowners Insurance, Law360
  • Plaintiffs' Potential Pitfalls When Obtaining Fed. Forum, Law360
  • Year in Review: Top Directors & Officers Insurance Cases of 2019, Insurance Coverage Law Center
  • Insurance May Be Available For Flood-Related Losses, FC&S Legal
  • After Matthew, The Insurance Storm Begins, Daily Business Review
  • Year in Review: Top Social Engineering Insurance Cases of 2019, Insurance Coverage Law Center
  • 3 D&O Questions Regarding Event-Driven Securities Litigation, Law360
  • After SARS, insurers changed policies covering businesses, The Washington Post
  • Insurance coverage for claims stemming from the national opioid crisis, PropertyCasualty360.com
  • Energy industry: Is Your Insurance Sufficient to Handle a Major Cyber Event?, Electric Light & Power
  • Three Key Things in Health Care
  • 2019 Retail Industry Year in Review
  • Protecting Business Income When Disaster Strikes
  • 2020 Retail Industry Year in Review
  • Cybersecurity Insurance – Mitigating Compliance Risk Under the DFARS and Other Federal Regulations, Contract Management
  • Insurance Coverage Issues in Hydraulic Fracturing, LexisNexis® Emerging Issues Analysis

Blogs

Blockchain Legal Resource
Hunton Andrews Kurth LLP 

Analysis and Insight in Blockchain Law

Hunton Insurance Recovery Blog
Hunton Andrews Kurth LLP 

Updates, Analysis and Breaking News for Commercial Policyholders

Pipeline Law
Hunton Andrews Kurth LLP 

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