Hunton Andrews Kurth insurance partner Michael Levine was recently interviewed by LegalTech News concerning Ohio’s recent adoption of the National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law. The law, modeled after the New York State Department of Financial Services Cybersecurity Requirements for Financial Service Companies Act, seeks to provide a framework for states to address risks and develop cybersecurity guidelines for insurance companies. Ohio became the second state, after South Carolina, to adopt the model law. As Mike explained in the article, the statute provides policyholders with an added layer of protection against disclosure of sensitive and confidential information that may be held by insurers operating in the state.

A link to the article featuring Mike’s comments can be found here.

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 of proof, the value of issue preservation during the motions stage of litigation, and the significance of motions in limine. The full article is here.

North Dakota’s highest court delivered a blow to Mid-Continent Casualty Company in Borsheim Builders Supply, Inc. v. Manger Insurance Co., ruling that a contract between a policyholder and general contractor fit the insured contract exception of contractual liability.

Continue Reading North Dakota Supreme Court Clarifies Breadth of Contractual Liability Coverage

In a victory for policyholders, and an honorable mention for Merriam-Webster’s Dictionary, a federal judge in Virginia ruled that the dispersal of concrete dust that damaged inventory stored in an aircraft part distributor’s warehouse was a pollutant, as defined by the policy, but that it also constituted “smoke” as that term was defined in the dictionary, thereby implicating an exception to the policy’s pollution exclusion.  The Court then granted summary judgment for the policyholder, who had suffered a $3.2 million loss.[1]

Continue Reading Another (Insurer) Bites The Dust: Virginia District Court Rejects Narrow Reading of Pollution Exclusion