In a recent decision, the Maryland Court of Special Appeals reiterated that the duty to defend broadly requires a liability insurer to defend an entire lawsuit against its insured, even where only some of the allegations are potentially covered.  The court further held that the insured has no obligation to apportion defense costs among multiple implicated policies.  The decision, Selective Way Insurance Company v. Nationwide Property and Casualty Insurance Company, et al., can be found here.

Continue Reading Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court

When facing a crisis, such as product recall or a cyber attack, companies routinely engage third-party consultants. When doing so, there are potential privilege issues involved. Hunton Andrews Kurth insurance attorneys Syed Ahmad and Adriana A. Perez discuss these privilege issues in an article published by Westlaw. The full article is available here. In the article, the authors discuss the recent decision in Stardock Systems Inc. v. Reiche, which explores when communications with third-party consultants, such as public relations professionals, are protected under the attorney-client privilege and work product doctrine.

The members of Hunton’s Insurance Recovery group present regularly on today’s hot topic insurance coverage issues. Upcoming insurance presentations for November 2019 include:

  • Walter J. Andrews will be presenting on Experts and Their Role in Bad Faith Litigation at the 2019 Insurance Law Symposium at Nova Southeastern University in Davie, Florida on November 1, 2019.
  • John C. Eichman will be presenting on Pursuing the Insured’s Claim at the ABA’s 2019 Fidelity & Surety Law Fall Conference in Boston, Massachusetts on November 7, 2019.
  • Syed S. Ahmad will be presenting with Paul M. Tiao on Incident Response Management at the 14th Annual API Cybersecurity Conference for the Oil & Natural Gas Industry in The Woodlands, Texas on November 12, 2019.

The Fall 2019 Edition of The ALI Reporter recognizes Hunton partner Lorelie S. Masters for her significant contributions to the new Restatement of the Law, Liability Insurance (RLLI). The RLLI was approved by the American Law Institute (ALI) at its 2018 Annual Meeting and published in late September 2019. In 2010, Lorie was one of 40 attorneys invited to serve as an Adviser to the Restatement, and she was heavily involved throughout the life of the eight-year project.

Continue Reading Lorelie Masters Recognized by the American Law Institute for Her Significant Contributions to the New Restatement of Liability Insurance

Syed Ahmad, a partner in Hunton Andrews Kurth’s Insurance Coverage practice, has volunteered to serve as Chair of the ABA Minority Trial Lawyer Committee’s Programming Subcommittee. The Minority Trial Lawyer Committee (MTL) serves as a resource for minority litigators, in-house counsel and law students, aiming to foster professional development, legal scholarship, advocacy and community involvement. As Chair of the Programming Subcommittee, Syed, who was named to Benchmark Litigation’s 40 & Under Hot List earlier this year, will help advance MTL’s mission of facilitating discussions about diversity and the law and providing career network opportunities for minority trial lawyers.

After a four-day trial, an Arizona federal jury found that Western Truck Insurance Services, Inc., an insurance broker, was negligent in selling Madison Alley Transportation and Logistics Inc. a business interruption policy with inadequate annual limits. Based on its finding of negligence, the jury determined that the broker was liable for $685,000 of $1,000,000 in damages suffered by Madison Alley as a result of a flood in its warehouse.  The verdict and Complaint, filed in Arizona state court before the case was removed, can be found here and here.

Continue Reading Jury Finds Broker Liable for Policyholder’s Insufficient Business Interruption Limits

Recent headlines underscore the security challenges faced by public-facing businesses. From physical threats to cyber attacks targeting a wide range of critical infrastructure, companies in diverse sectors, such as the financial, retail, entertainment, energy, transportation, real estate, communications and other areas, face a challenging landscape of risks and potential liabilities. Join us on October 28, 2019, at 12:00 p.m. EST, for a webinar to discuss these issues, including why companies should consider SAFETY Act protection and how to obtain it.

Continue Reading Webinar on the SAFETY Act, Security and Insurance

On October 16, 2019, Hunton Andrews Kurth insurance lawyers Michael S. Levine and Daniel Hentschel discussed insurance coverage issues concerning blockchain technology and cryptocurrencies in an article published by IRMI (Insurance Risk Management Institute, Inc.). The full article is available here. In the article, the authors discuss the potential risks associated with the use of the revolutionary technology and the potential coverage gaps that may arise in certain insurance policies.

 

Hunton Insurance Coverage practice partner Michael Levine will be speaking in an upcoming Strafford live webinar, “Depreciation of Labor in Property Insurance Claims: Guidance From Recent Cases,” scheduled for Wednesday, October 30, 1:00pm-2:30pm EDT. Continue Reading Hunton Insurance Coverage Partner Michael Levine to Present on the “Depreciation of Labor in Property Insurance Claims”