Tag Archives: Brittany M. Davidson

Another State Appellate Court Adopts “All-Sums” Approach And Vertical Exhaustion For Long-Tail Disputes

A Missouri appellate panel recently upheld a lower court’s ruling in favor of the insured that an “all-sums” allocation would apply to determining exhaustion of the insured’s liability insurance coverage and, in so holding, rejected the pro-rata, proportional allocation sought by the insurers. The appellate panel further held that coverage could be exhausted vertically.… Continue Reading

Insurer Attempts To Fight Back Against Kanye West’s Touring Company’s Lawsuit

In a prior blog post, we discussed Kanye West’s touring company’s, Very Good Touring, Inc. (“Very Good”), lawsuit against its insurer, Lloyd’s of London (“Lloyd’s”), for withholding almost $10 million in coverage after the cancellation of shows on West’s “Life of Pablo” Tour. On Tuesday, August 29, 2017, Lloyd’s responded by counterclaiming against Very Good … Continue Reading

Texas Court Rejects Insured’s Bid To Litigate Coverage Action Against Mexican Insurer And Broker In U.S.

On August 22, 2017, a Texas state appellate court panel dismissed a Mexican candy and peanut manufacturer’s coverage action against its Mexican insurer and insurance broker due to lack of personal jurisdiction. See Seguros Afirme, S.A. de C.V. v. Elamex, S.A. de C.V., et al., No. 05-16-01465-CV (Tex. Ct. App. filed Aug. 22, 2017); Cooper … Continue Reading

Hunton Insurance Lawyers Analyze How Second Circuit’s Recent Opinion Regarding Employer’s Liability Exclusion Impacts Hospitality Industry Insureds

Liability insurance policies generally have an exclusion barring coverage for claims brought by the insured’s own employees. Many times, especially in the hospitality industry, a liability insurance policy provides coverage for various different companies. A common question is whether claims brought by an employee of one insured against another insured are covered under such a … Continue Reading

Rolling Stones’ Insurance Claim Keeps On Rolling

This past Monday, August 14, a federal magistrate judge explained to an insurer that “you can’t always get what you want” when he denied the carrier’s motion to dismiss claims arising from a July 4, 2015 Rolling Stones concert, concluding that the facts in the complaint allege a properly pled claim.… Continue Reading

The Ball Is In Their Court: U.S. Insured May Have To Litigate Insurance Coverage Dispute In China

Dick’s Sporting Goods (“DSG”) sued a Chinese insurer, PICC Property and Casualty Company Limited Suzhou Branch (“PICC”), seeking coverage under a products liability insurance policy for personal injury claims arising out of a burst exercise ball. In Dick’s Sporting Goods, Inc. v. PICC Prop. & Cas. Co. Ltd. Suzhou Branch, No. 2:16-cv-01635-DSC-RCM (W.D. Pa. July … Continue Reading

“Selling Tickets To Courthouses”: Kanye West’s Touring Company Sues Insurer For Withholding Coverage

Hollywood is not off to a great start for the month of August. Kanye West’s touring company, Very Good Touring, Inc. (“Very Good”), sued insurance company Lloyd’s of London (“Lloyd’s”) on Tuesday in California federal court for withholding almost $10 million in coverage for the shows on West’s “Life of Pablo” Tour that were canceled … Continue Reading

Digital Due Diligence: Hunton Attorneys Discuss Four Critical Questions To Ask When Evaluating Cyber Insurance Coverage

Cyber and crime insurance policies have been heavily recommended to address the growing prevalence and types of cyber risks. My colleagues Walter Andrews and Jennifer White recently authored an article appearing in Risk Management discussing how the purchase of cyber and crime insurance policies alone is not enough to successfully manage these risks. These policies … Continue Reading

Hunton Attorney Jennifer E. White Comments On Big Implications Of Long-Tail Claim Decision

On January 27, my colleague, Jennifer White, was quoted in Business Insurance concerning the recent decision in E.M. Sergeant Pulp & Chemical Company, Inc. v. The Travelers Indemnity Company, which she and attorney Brittany Davidson discussed last week on Hunton’s Insurance Recovery Blog.  In that case, a federal district court allowed a chemical company to … Continue Reading

“Scanty” Evidence, Big Implications For Court’s Denial Of Insurer’s Summary Judgment Motion

Last Thursday, a federal district judge in New Jersey denied, in part, Travelers Indemnity Company’s (Travelers) motion for summary judgment on claims for indemnity costs because the plaintiff, E.M. Sergeant Pulp & Chemical Company (EMS), provided sufficient evidence to raise triable questions of fact. Although the evidence was just “barely sufficient” to keep the case … Continue Reading

Insured Can’t Run From Arbitration For Damaged Adidas Products

On December 20, 2016, a New York federal district court granted a petition to compel arbitration, filed by Zurich Insurance Co.’s (“Zurich”), as a subrogee of Adidas Group (“Adidas”), against Crowley Latin America Services LLC (“Crowley”), a transportation and logistics company. The underlying dispute involves losses from a fire-damaged shipment of Adidas clothing.  The Court … Continue Reading

Possibility That Claim Sounds In Negligence Is Enough To Circumvent Liability Policy’s “Contract” Exclusion

On December 6, 2016, a Connecticut appellate court held that a contract exclusion in a public entity errors and omissions liability insurance policy did not relieve the insurer’s duty to defend when there was at least a possibility of coverage based on the allegations against the insured. The court reasoned that the fact finder could … Continue Reading

Case Finding Insurer Liable For $15 Million Settlement Underscores Impact Of Settlement Language On Coverage

On December 2, 2016, a Texas federal court ruled that the insurer for the predecessor of CVS Caremark Corp., Revco D.S. Inc. (Revco), must pay $15 million toward a $100 million settlement of a class action lawsuit for the injuries and deaths allegedly caused by a toxic vitamin solution, E-Ferol. Pursuant to the settlement, the … Continue Reading

Policy Endorsement Trumps Exclusion But Also Renders Policies Excess To Other Available Coverage

On November 2, 2016, a federal judge in California ruled that a Real Estate Property Managed endorsement in policies issued to a real estate manager negated a standard policy exclusion, but also rendered the policies excess to other available insurance. The case involved a dispute over coverage for a bodily injury claim involving “Pigeon Breeders … Continue Reading

Contractor Gets Boost From Amici Filings In Florida Suit Over Duty To Defend

On August 15, we wrote a blog post (which can be accessed here) about how the Eleventh Circuit certified to the Florida Supreme Court the issue of whether Florida’s pre-suit process in contractor cases, under Chapter 558 of the Florida Statutes, constitutes a “suit” under CGL policy language, which would trigger the insurer’s duty to … Continue Reading

Metlife May Not Be “Too Big To Fail,” But Is It “Too Big To Handle” For State Insurance Regulators?

On March 31 and April 15, we wrote blog posts (which can be accessed here and here) about a D.C. federal judge’s decision to rescind MetLife’s systematically important financial institution (SIFI) status. On October 24, a D.C. Circuit three-judge panel heard oral argument of the appeal of that decision. The federal government advocated to reinstate … Continue Reading

Insurer’s Attempt to Relitigate Liability – DENIED

On September 22, 2016, the Oregon Supreme Court rejected an insurer’s attempt to separately relitigate issues of liability previously decided in an underlying lawsuit.  The decision in Fountaincourt Homeowners’ Ass’n v. Fountain Dev., LLC, 360 Or. 341 (2016), reaffirms the settled liability paradigm that “an insurer cannot, in a subsequent proceeding, retry its insured’s liability, … Continue Reading
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