Tag Archives: Excess Liability

Second Circuit Applies All Sums in Olin-OneBeacon Environmental Coverage Dispute Regarding Remediation Costs at Manufacturing Sites

Last week, the Second Circuit remanded environmental coverage litigation between Olin Corporation and OneBeacon based on its conclusions that (1) all sums allocation applied and (2) a prior insurance provision allowed OneBeacon the opportunity to show that prior excess insurers had made payments for the same claims, thereby reducing OneBeacon’s liability for Olin’s remediation costs … Continue Reading

Hunton Attorneys Discuss New York High Court Decision Impacting the Exchange of Information Between Policyholders and Insurers

On November 9, 2016, my colleagues Syed Ahmad, Shawn Regan and Shannon Shaw, published an article in Corporate Counsel discussing a recent decision from New York’s highest court that may impact the exchange of information between policyholders and their insurers. The article addresses the impact of Ambac Assurance v. Countrywide Home Loans, in which the … Continue Reading

Federal Bankruptcy Judge Says No Excess Coverage in New York Until Underlying Limits Exhausted Through Payment of Claims

Two of three of Rapid-American Corp.’s excess liability insurers do not have to respond to underlying asbestos claims unless and until all underlying coverage is exhausted by the payment of claims, says Judge Bernstein of the United States Bankruptcy Court for the Southern District of New York in a June 7, 2016 decision. Rapid-American has … Continue Reading

NY High Court Says “All Sums” and “Vertical” Exhaustion Apply to Excess Coverage for Asbestos Liabilities

On Tuesday, May 3, 2016, the New York Court of Appeals held that each of several excess liability insurers can be wholly responsible for the entire extent of their policyholders’ asbestos liabilities.  The Court further held that “vertical” exhaustion would apply; rejecting the insurers’ attempt to apply “horizontal” exhaustion before upper-layer policies must respond.  The … Continue Reading

Hunton Partner Syed Ahmad Comments on Insurance Issues Raised by Chipotle Food-Safety Crisis

With nearly 2000 locations, the recent outbreaks linked to Chipotle restaurants involving three strains of E. coli, norovirus and Salmonella, have had a substantial impact on the fast-food chain’s supply chain.  In a recent article appearing in Risk Management Magazine, The Chipotle Outbreaks Highlight the Risks of Supply Chain Failures, Syed comments on the insurance … Continue Reading

Hunton Lawyers Discuss How to Survive the Claims Process

Hunton & Williams LLP attorneys Mike Levine and Matt McLellan, along with Tim Monahan of Lockton Companies, LLC., presented to a group of risk managers and insurance professionals on Wednesday evening, February 17th, about strategies and pitfalls in the claim presentation process. The event was well-attended and the audience was lively with questions for the … Continue Reading
LexBlog