Tag Archives: General Liability

Washington Supreme Court Refuses to Disturb Pro-Policyholder Pollution Exclusion Ruling Based on “Efficient Proximate Cause”

Earlier this month, the Washington Supreme Court reaffirmed coverage for injuries for carbon monoxide, holding that an insurer acted in bad faith when it improperly relied on an absolute pollution exclusion to deny coverage for a lawsuit involving alleged release of carbon monoxide gas inside a home.… 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

District Court Unlocks Carrier’s Duty to Defend Key Maker’s Product Disparagement Claims

A Colorado district court held last week that a general liability insurer must defend a product disparagement claim despite a broadly-worded intellectual property exclusion in the policy. The court reached its ruling even though the alleged disparagement involved representations about patent infringement. In so holding, the court rejected the insurer’s attempt to deny coverage where … Continue Reading

Hunton’s Insurance Coverage Team Talks About New Recall-Related Insurance Cases

Attorneys Syed Ahmad and Jennifer White contributed to the Hunton Retail Law Resource’s “Recall Roundup” for the month of March with a discussion a new cases in the world of recall-related insurance coverage litigation, including a new case filed by a policyholder against its insurance broker alleging that the broker was liable for misrepresentations in … 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

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

FTC Issues Data Breach Guide for Businesses, Confirming Uninsured Breach Response Will be Costly

On October 25, 2016, the Federal Trade Commission released a guide for businesses on how to handle and respond to data breaches. The 16-page guide details steps businesses should take once they become aware of a potential breach. The guide also underscores the need for cyber-specific insurance to help offset potentially significant response costs.… 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

Forever 21 Suit Cut from “Potentially Covered” Cloth: Alleged Copycat’s Insurer Required to Defend Trademark Litigation with Affordable Fashion Behemoth

In June, Syed S. Ahmad and I published an article in Risk Management Magazine about how commercial general liability (CGL) policies may help with trademark infringement litigation, despite common exclusions. A recent federal court opinion out of California conforms with the precedent we described in that article, holding that the insurer, Great Lakes Reinsurance (UK) … Continue Reading

If Information Is Available Online and No One Accesses It, Was It a ‘Publication’

In an article recently published in Bloomberg/BNA Privacy and Security Law Report, Hunton lawyers Syed Ahmad, Sergio Oehninger and Patrick McDermott discuss a recent decision finding insurance coverage for a cyber-related incident.  In the article, the authors dissect whether information made available on the internet is “published” if there is no evidence that anyone ever … 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

Under Separate Cover: Florida’s Third DCA Finds Coverage for Additional Insureds Under Policy’s Separation of Insureds Provision

Florida’s Third District Court of Appeals held on Wednesday that a general liability policy’s absolute employer’s liability provision did not preclude coverage for injuries sustained by an employee at a work event located on the property of an additional insured because of the policy’s separation of insureds provision. In Taylor v. Admiral Insurance Co., No. 3D14-720 … Continue Reading

Foster Poultry Covered For Government-Mandated Shut Down

As discussed in a February 1, 2016 posting, the court in Foster Poultry Farms v. Certain Underwriters at Lloyd’s, London, No. 14-cv-953, 2015 WL 5920289 (E.D. Cal. Oct. 9, 2015) held that losses associated with alleged noncompliance with federal sanitation regulations were covered by the “accidental contamination” and “government recall” provisions of a food contamination insurance policy. … Continue Reading

Insureds Find Place to Roost in Foster Poultry Contamination Case

Insureds Find Place to Roost in Foster Poultry Contamination Case, Westlaw Journal Insurance Coverage January 15, 2016 Article discussing the insurance implications of food contamination events, including product recalls, government investigations and litigation. Large-scale food safety issues have been hard to miss in the news lately. Chipotle’s multi-state E. Coli outbreak and listeria monocytogenes found … Continue Reading

Florida Legislature Working on Dueling Bills Regulating Ride-Sharing Companies

Prior blog posts discuss new laws imposing, among other things, insurance-related requirements on ride-sharing companies like Uber and Lyft (also known as transportation network companies or TNCs) and their drivers. While many states have passed such laws, the Florida legislature is now dealing with competing proposals for regulating TNCs. On Tuesday, a Florida Senate committee … Continue Reading

As States Increase Regulation of Ridesharing, Farmers Insurance Fills In Insurance Gaps

States continue to increase their regulation of ridesharing companies like Uber and Lyft (also known as Transportation Network Companies or TNCs) and their drivers. The increased regulation comes with increased insurance obligations and Farmers Insurance is expanding a new product to fulfill those requirements. As one example, the governor of Ohio recently signed a bill … Continue Reading
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