In a COVID-19 insurance coverage lawsuit that Hilton Worldwide Holdings, Inc. filed against several insurers in Nevada state court, two recent rulings in favor of Hilton highlight the importance of strategic decisions early in a case.
Litigation Strategy
Oh Snap! Snap Removal is Not All it’s Cracked Up to Be
By Michael S. Levine on
Posted in Litigation Strategy
Hunton commercial litigators and insurance recovery lawyers teamed up to address the intricacies of snap removal – a strategy being employed by insurers and other litigants with increasing frequency. The technique is designed to defeat the forum-defendant rule that permits a plaintiff to bring its case in state court when suing a defendant in the defendant’s own home state. However, some courts to confront this maneuver have rejected its use, disallowing a savvy defendant to effect an end-run on the forum-defendant rule by promptly removing a state court lawsuit before an in-state defendant is “properly joined and served.” A recent Massachusetts Lawyers Weekly article written by Christopher Cunio, Nicholas Stelakis and Veronica Adams discusses the tension that is emerging on this issue and how courts have addressed it.
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New York’s New Insurance Disclosure Law Goes Into Effect
By Joseph T. Niczky, Syed S. Ahmad & Kevin V. Small on
Posted in Industry News, Litigation Strategy
An amended version of the Comprehensive Insurance Disclosure Act recently went into effect in New York State. This law applies to all civil lawsuits filed in New York State Court on or after December 31, 2021. The first disclosures required by the law will be due soon and it is important for defendants to be aware of their new obligations.
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Policyholder Prevails (Again) in Delaware D&O Retention Dispute
Policyholders have scored another victory in the Delaware Superior Court, this time on the issue of whether a “mergers and acquisition” endorsement required payment of a higher retention in two securities class actions. In August, we reported that, in CVR Refining, LP v. XL Specialty Insurance Co., No. N21C-01-260 EMD CCLD, 2021 WL 3523925 (Del. Super. Ct. Aug. 11, 2021), a Delaware Superior Court judge upheld a policyholder’s preferred forum in Delaware, denying five insurers’ motion to dismiss or stay the Delaware coverage action filed after the insurers had filed suit preemptively in Texas.
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Robocalling Suit Against Insurer Survives and Illustrates Proper Application of Federal Pleading Standards
By Michael S. Levine & Casey L. Coffey on
Posted in Litigation Strategy
The Seventh Circuit has reversed a lower court’s decision to dismiss a lawsuit against Federal Insurance Company and a health insurance technology company for unauthorized robocalls soliciting the sale of health insurance. The court emphasized that the complaint, which alleged the two companies were vicariously liable for the calls, pled sufficient detail to move forward.
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Hunton Lawyers Author Virginia Lawyer Magazine Article, “On the Record: The Importance of Issue Preservation Throughout Litigation”
By Latosha M. Ellis on
Posted in Litigation Strategy
In the December 2018 edition of Virginia Lawyer Magazine, Hunton Andrews Kurth insurance coverage lawyers Syed S. Ahmad, Patrick M. McDermott, and Latosha M. Ellis discuss the importance of preserving improperly excluded evidence into the trial record for post-trial motions or appellate review. In the article, the authors explain how to make an offer…