Firm: All
Practice Industry: All
Region: All
Country/ State: All
Tag: All
Hunton Andrews Kurth LLP | October 2010

  Hunton & Williams announced today the launch of its new website — the Hunton & Williams Health Care Reform Center,  huntonhealthcarereform.com ...

The White House issued a proposed 2010 budget which includes the Obama administration’s plan to reform sections of the U.S. Tax Code on international transactions. One proposal includes a change in how international and domestic banks with foreign clients withhold tax and report to the Internal Revenue Service. The rule change is aimed at improving collection efforts on taxes owed by foreign investors and reducing tax evasion by U.S. citizens and residents ...

On May 7, 2009, the White House issued its proposed budget for fiscal year 2010, which outlines the Obama administration’s plan to reform certain of the Internal Revenue Code’s provisions on the taxation of international transactions. Proposed changes to the rules on withholding taxes, which are aimed at reducing tax evasion by U.S. citizens and residents and improving collection efforts for taxes owed by foreigners investing in the U.S ...

On May 7, 2009, the White House issued its proposed budget for fiscal year 2010, which outlines the Obama administration’s plan to reform certain of the Internal Revenue Code’s provisions on the taxation of international transactions. Proposed changes to the rules on withholding taxes, which are aimed at reducing tax evasion by U.S. citizens and residents and improving collection efforts for taxes owed by foreigners investing in the U.S ...

In two separate opinions, five to two majority of the New York Court of Appeals ruled that an insured can assert a claim form consequential damages for an insurer’s alleged bad faith breach of a first-party insurance contract. Bi-Economy Market, Inc. v. Harleysville Insurance Company of New York, No. 14 (N.Y. February 19, 2008); Panasia Estates, Inc. v. Hudson Insurance Company, No. 15 (N.Y. February 19, 2008) ...

U.S. Court of Appeals for the District of Columbia Circuit Finds that Student Who Was Abused Multiple Times by Fellow Students Was Entitled to Multiple Per-Claim Limits Because Each Assault Was a Separate “Claim”.In Essex Insurance Co. v. Doe, No. 06-7163, 2008 U.S. App. LEXIS 94 (D.C. Cir. Jan ...

Hunton Andrews Kurth LLP | January 2008

An Illinois intermediate appellate court found that the insured’s failure to comply with the notice conditions in   contract for general liability insurance barred coverage.  Board of Education of Township High School District No. 211, Cook County, Illinois v. TIG Insurance  Company, No. 1-05-1732 (Ill. App. 3d Div. December 26, 2007). The Board of Education of Township High School District No ...

Hunton Andrews Kurth LLP | January 2008

The Florida Supreme Court has held that defective work performed by a subcontractor that damages a general contractor’s completed work constitutes “property damage” caused by an “occurrence” under a commercial general liability (CGL) policy. U.S. Fire Ins. Co. v. J.S.U.B., Inc., No. SC05-1295 (Fla. Dec. 20, 2007) ...

Hunton Andrews Kurth LLP | January 2008

Being the smartest lawyer in the room does not always guarantee success.  Rather, success in the field of law almost always results from an attorney’s determination and dedication ...

Hunton Andrews Kurth LLP | December 2007

A federal district court judge in Pennsylvania ruled that first-party property claims for damages due to  defective stucco arose from a single occurrence and, upon determining the date of loss, held that the coverage claims were barred by the insurance contract’s two-year suit limitations period. Smith, et al. v. Westfield Insurance Co., No. 06-3077; 2007 U.S. Dist. LEXIS 87431 (E.D. Pa. November 27, 2007) Case Background ...

Hunton Andrews Kurth LLP | December 2007

In Still v. Great Northern Insurance Company, No. 07-2425, 2007 U.S. App. LEXIS 26024 (3d Cir. Nov. 87, 2007), the Third Circuit affirmed the District Court’s grant of summary judgment to an insurer relying on the “business pursuits” exclusion in a homeowner’s policy. The Third Circuit found the exclusion was unambiguous and precluded coverage for a counterclaim brought by the insured’s former employer for malicious prosecution. Id. at *5-6 ...

Hunton Andrews Kurth LLP | December 2007

A Georgia intermediate appellate court has affirmed summary judgment in favor of an insurer, holding that there can be no “advertising injury” coverage under a commercial general liability insurance contract where an underlying lawsuit concerning division of profits from a joint copyright work fails to allege a misappropriation of advertising ideas. James C. Shafe, et al. v. American States Insurance Co., No. A07A0879, 2007 Ga. App. LEXIS 1193 (Ga. App ...

Hunton Andrews Kurth LLP | December 2007

A Georgia intermediate appellate court has affirmed summary judgment in favor of an insurer, holding that there can be no “advertising injury” coverage under a commercial general liability insurance contract where an underlying lawsuit concerning division of profits from a joint copyright work fails to allege a misappropriation of advertising ideas. James C. Shafe, et al. v. American States Insurance Co., No. A07A0879, 2007 Ga. App. LEXIS 1193 (Ga ...

Hunton Andrews Kurth LLP | November 2007

On certified questions from the United States District Court for the District of New Hampshire, the New Hampshire Supreme Court has decided that New Hampshire will allocate liability for long-tail environmental claims pro rata by years and limits among triggered policies. See EnergyNorth Natural Gas, Inc. v. Certain Underwriters at Lloyd’s, No. 2006-745 (N.H. Oct. 18, 2007). BackgroundEnergyNorth Natural Gas, Inc ...

Hunton Andrews Kurth LLP | November 2007

The Texas Supreme Court ruled that a primary insurer has no actionable right of contribution or subrogation against a co-primary insurer that declined to settle on terms agreed to by the first primary carrier. Mid-Continent Insurance Company v. Liberty Mutual Insurance Company, No. 05-0261 (Tex. October 12, 2007) ...

Hunton Andrews Kurth LLP | November 2007

Minnesota Federal Court finds no coverage under technology errors and omissions policy because claims did not arise out of a “Wrongful Act” as defined in the policy ...

Hunton Andrews Kurth LLP | November 2007

The U.S. District Court for the Middle District of Louisiana held that "actions of civil authority" that do not prohibit access to an insured’s premises do not trigger civil authority coverage under a first-party policy. Kean, Miller, Hawthorne, D’Armond, McCowan & Jarman, LLP v. National Fire Ins. Co. of Hartford, No. 06-770-C, 2007 U.S. Dist. LEXIS 64208 (M.D.La. Aug ...

Hunton Andrews Kurth LLP | November 2007

In Castillo v. State Farm Florida Insurance Co., No. 3D06-2874 (Fla. Dist. Ct. App. Oct. 17, 2007), the Court of Appeal of Florida, Third District, reversed a decision granting summary judgment in favor of an insurer, finding issues of fact about whether earth movement, an excluded peril under a homeowners’ insurance policy, played a part in a dwelling’s damage from nearby blasting ...

Hunton Andrews Kurth LLP | September 2007

In response to certified questions from the United States Court of Appeals for the Fifth Circuit, the Texas Supreme Court held that unintended construction defects are an occurrence and that allegations of loss of use or damage to a home may constitute property damage under a commercial general liability (CGL) contract. Lamar Homes, Inc. v. Mid-Continent Cas. Co., No. 05-0832 (Tex. Aug. 31, 2007) ...

Hunton Andrews Kurth LLP | August 2007

The highest court in Massachusetts held in Allmerica Financial Corp. v. Certain Underwriters at Lloyd’s London, 449 Mass. 621, 2007 Mass. LEXIS 519 (Aug. 6, 2007), that a “follow form” excess insurer is not obligated to fund a settlement negotiated by the primary insurer ...

Hunton Andrews Kurth LLP | August 2007

It is a given that any human endeavor will have effects that we do not expect. Robert Burns identified the problem with the best-laid schemes of mice and men, and investors in the mortgage banking industry are learning that lesson now. In recent years, many borrowers entered into adjustable-rate mortgages with low initial rates, trusting that rates would stay low or that they could refinance or sell a property before larger payments came due ...

Hunton Andrews Kurth LLP | August 2007

The United States Court of Appeals for the Fourth Circuit, applying North Carolina law, held that a liability insurer may properly withdraw from the defense of its policyholder after obtaining a judicial declaration of no coverage, despite the policyholder’s pending appeal, provided the insurer offers to continue defending if the policyholder wins a stay of the trial court’s decision. Auto-Owners Ins. Co. v. Potter et al ...

Hunton Andrews Kurth LLP | August 2007

Most of the attention at this week's ASEAN foreign ministers meeting in Manila focused on the failure of ASEAN to reach a definitive approach on establishing a human rights body for the grouping. The proposed ASEAN Charter is supposed to address human rights concerns through this new entity. Perhaps given the diversity in governance standards among members, this was to be expected ...

In this article, the authors address state-level law on water use and its possible effect on land use decisions. They then examine how federal water-related laws are increasingly impacting land use.  Land use regulation, particularly zoning, has traditionally been considered a matter to be handled not by state or federal government but by local government— towns and counties ...

In recent weeks, hefty fines for data breaches have been issued in the United Kingdom and Greece. Surprisingly, these fines have not been levied by data protection authorities, but by other regulators with overlapping jurisdiction over data security. The authors, from Hunton & Williams, write that data protection enforcement in Europe appears to be entering a new phase ...

dots