Hunton Andrews Kurth LLP

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

The top three most read articles for the month were:  Policyholders Pump Out Another COVID-19 Litigation VictoryA Pennsylvania trial court denied an insurer’s early attempt to lunge out of coverage for COVID-19 business interruption losses suffered by a fitness center, stating it would be premature for the court to resolve factual determinations the insurer raised in its demurrer. Ridley Park Fitness, LLC v. Philadelphia Indemnity Insurance Co., No...

Restaurant Chain Seeks to Recover COVID-19 Losses Under Food Contamination Theory
Hunton Andrews Kurth LLP, June 2020

 A group of Las Vegas-based restaurants recently filed a class action lawsuit to recover business interruption damages against their insurer. The Egg Works chain alleged that U.S. Specialty wrongly denied their claims for financial losses stemming from the Nevada governor’s closure of non-essential businesses during the COVID-19 pandemic. The governor’s orders limited the restaurants to takeout and delivery service only...

Year in Review: Top Insurance Cases of 2018
Hunton Andrews Kurth LLP, January 2019

2018 was a busy year for courts deciding insurance coverage disputes. Many of those decisions will shape the coverage landscape for years to come. Policyholders enjoyed their fair share of the wins, including substantial victories in areas involving social engineering to disgorgement of corporate gain. We take this opportunity to reflect on some of the year’s most notable coverage decisions...

Additional Articles

• Insureds Find Place to Roost in Foster Poultry Contamination Case, Westlaw Journal
• Fear of the Unknown Cause of Contamination, Food Safety Magazine
• Insurance Coverage for Employee’s Claims, Lodging Magazine
• Cosby’s Coverage Dispute Has Ramifications for Many Policyholders, Corporate Counsel
• The Privilege of Cooperation: What Insurers and Insureds Need to Know About Preserving the Privilege, FC&S Legal
• Court Resolves Reinsurance Limits Dispute Based on Contract’s Unique Terms, Law360
• Protecting Company Assets With Cyber Liability Insurance, Mealey’s Data Privacy Law Report
• How Your CGL Policy May Help with Trademark Infringement Litigation, Risk Management Magazine
• The Bad Faith Exception to the Prejudice Requirement Does Not Represent New York Law, ARIAS – U.S. Quarterly
• Guest Post: Court Requires Insurers to Advance Insureds’ Defense Costs, The D&O Diary
• Now You See It (Now You Don’t?) – Recent Insurer Efforts to Void Coverage Based on New York Rescission Law, FC&S Legal
• A Primer On Insurance Coverage For Food Contamination Losses, Food Logistics
• Collateral Estoppel as an Offensive Litigation Tool, Corporate Counsel
• Hearsay: An Expanded Residual Exception or More of the Same?, Daily Business Review
• To Offset or Not to Offset: The Interaction between CARES Act Payments/PPP Loans and Insurance Recoveries Due to COVID-19, Business Law Today
• Ensuring Equity in Private Equity Insurance Coverage: The Top 5 Coverage Issues Private Equity Investors Should Consider, Bloomberg BNA Securities Regulation & Law Report
• The Importance of Insurance Coverage for Commercial Drone Operations, Unmanned Aerial
• Insurance for Product Recall Expenses, American Bar Association, Section of Litigation
• My Insurance Company Is Bankrupt, But Is Reinsured. Can I Make A Claim Directly Against The Reinsurer?, Insurance Coverage Law Report
• Assessing USF&G’s ‘Objective Reasonableness’ Standard: An Alternative View, AIDA Reinsurance and Insurance Arbitration Society (ARIAS)
• Considering Disclosure Risks In Sensitive Product Recalls, Law360
• Arbitration Of Insurance Disputes: Functus Officio and The Clarification Exception
• Lessons from 'Deflategate': Drafting the right arbitrator picks, InsideCounsel
• The Rescission Trap: Don’t Let Product Recalls Contaminate Your Coverage, Corporate Counsel
• Delaware Court Weighs In on the CID Coverage Debate
• On the Record: The Importance of Issue Preservation Throughout Litigation, Virginia Lawyer Magazine
• Direct Evidence Of Loss Or Damage May Be Unnecessary To Obtain Coverage For Losses Due To COVID-19, Mealey’s Litigation Report: Insurance
• If Information Is Available Online and No One Accesses It, Was It a “Publication” for the Purpose of Insurance Coverage for Cybersecurity Loss?, Bloomberg BNA Privacy and Security Law Report
• Outside Counsel Statements and the Party Exception to Hearsay, ABA Litigation - Pretrial Practice & Discovery
• Representations and Warranties Insurance Claims & COVID-19, Insurance Coverage Law Center
• Long-Term Professional Liability Cases: Who Is Responsible For Nursing Home Claims?, Casualty Insurance Committee Newsletter, No. 5
• New York High Court Accepts 2nd Circuit’s Certified Question on Important Reinsurance Limits Issue, Westlaw Journal Insurance Coverage
• Protecting Company Assets With Cyber Liability Insurance, LexisNexis Legal News, Mealey's Emerging Insurance Disputes, Volume 22, Issue 07
• Guest Post: Del. TIAA Case May Reshape Disgorgement Claims Coverage, Law360
• For Big-Number Settlement Negotiations, Excess Insurers Cannot Take a Back Seat FC&S Legal
• Second Circuit Reminds Consumer Product Companies That Insurance Options Exist For Big Data Blunders and Privacy Faux Pas, FC&S Legal
• Let’s Make a Deal: Four D&O Coverage Issues to Consider in M&A Transactions, Business Law Today
• Courts Continue To Assess Insurance Policies’ Unique Terms, Law360
• “Insurance Law in the District of Columbia,” The District of Columbia Practice Manual 2018 Update
• When Worried About Collusion, Insist on Independent Counsel, Originally published in Texas Lawyer, also published in Corporate Counsel
• Ensuring Equity in Private Equity Insurance Coverage: The Top 5 Coverage Issues Private Equity Investors Should Consider, Bloomberg BNA Mergers & Acquisitions Law Report
• The Myth of Bellefonte No More, Mealey's Litigation Report: Reinsurance
• Managing evolving risks through liability insurance, Financier Worldwide
• “Insurance Law in the District of Columbia,” The District of Columbia Practice Manual 2020 Update
• No Mask, No Service – Evolving COVID-19 Orders May Support Insurance Coverage for Retailers’ Losses, HarrisMartin
• When communications with public relations firms are privileged, Westlaw Journal
• The Disparagement Dilemma: Insurance Coverage for the Defense and Indemnity of Product Disparagement Claims, Corporate Counsel
• Just Because? COVID-19 Coverage under General Liability Insuring Agreements, Insurance Coverage Law Center
• Practical Advice for a Successful Legal Hold Program, American Bar Association Technology for the Litigator Newsletter
• Policy Provisions Bolster State Biz Interruption Laws, Law360
• Examining the Restatement of the Law, Liability Insurance, Risk Management Magazine
• Bellefonte: The Tide Continues to Turn, Westlaw Journal Insurance Coverage
• The Duty to Settle and Its Variations, Insurance Coverage Litigation Newsletter, ABA Section of Litigation
• NY’s Highest Court Rejects Expansion of Common Interest Doctrine and Upholds Narrow Privilege Rule, Corporate Counsel
• Exploring all available sources of insurance coverage, Financier Worldwide
• 2016 Retail Industry Year in Review
• Hurricanes Highlight Need for Contingent Business Interruption Insurance, Risk Management
• Understanding Coverage Options for Cyber Threats, ABA Banking Journal
• The USF&G (Western MacArthur) Case: Key Takeaways, Westlaw Journal Insurance Coverage
• How Retailers Can Protect Themselves Against Mobile Payments Risks, Internet Retailer
• Calif. Ruling Creates Uncertainty For Long-Tail Claims, Law360
• Key Questions for Financial Institutions Seeking to Maximize Insurance for “Cyber” Risks, FC&S Legal
• Representations & Warranties Insurance and Privilege, FC&S Legal
• Novolex Case Brings Lessons On R&W Insurance, Law360
• Recall Roundup: October, National Law Review
• Navigating through proof of loss requirements during the COVID-19 pandemic, NU Property Casualty
• 2019 Retail Industry Year in Review
• Protecting Against Product Recall and Food Contamination Losses Through Insurance, Food Manufacturing
• NY Cedents Enjoy More Protection And Authority, Insurance Law360