The Insurance Coverage Law Center has published an article in which Hunton insurance recovery partner, Michael Levine, exposes evidence of insurance company sins unearthed in the COVID-19 business interruption insurance litigation battleground. The article discusses evidence obtained from four of the largest property and business income insurers, which tends to prove that long before COVID-19, each understood virus and communicable disease to pose a risk of physical loss or damage sufficient to trigger coverage under their respective all-risk insurance products. A copy of the article is available here, with permission from the Insurance Coverage Law Center.
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Cincinnati Insurance Company
Opioid Settlement Triggers Insurer’s Duty to Indemnify Where Covered Claims Are “Primary Focus” of the Action
By Michael S. Levine & Lorelie S. Masters on
A federal court in Illinois ruled recently, in Cincinnati Insurance Company v. H.D. Smith Wholesale Drug Company, that Cincinnati Insurance Company was required to indemnify H.D. Smith for a $3.5 million settlement it reached with the State of West Virginia. The settlement resolved an action in which West Virginia alleged that H.D. Smith contributed to the state’s opioid addiction epidemic through its negligent distribution of opioid prescription drugs.
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Fifth Circuit Rules Drunk Driving Collision an Accident Under Auto Insurance Policy
By Michael S. Levine & Leah B. Nommensen on
On July 2, 2019, the Fifth Circuit held in Frederking v. Cincinnati Ins. Co.., that Cincinnati Insurance Company was on the hook for injuries resulting from a drinking and driving collision because the collision amounted to an “accident” under its insurance policy. 2019 U.S. App. LEXIS 19796, __ F.3d __, 2019 WL 2751700.…
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Hunton Lawyers Discuss Decision Requiring Defense for W.Va. Pharma. Co.
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Earlier today, FC&S Legal published an article by Hunton & Williams insurance lawyers Mike Levine and Matt McLellan, discussing the Seventh Circuit’s recent decision in Cincinnati Ins. Co. v. H.D. Smith, LLC , in which the court held that a general liability insurer must defend a West Virginia pharmaceutical distributor in litigation brought by the…