Tag Archives: Geoffrey B. Fehling

Insurer Must Pay Post-Merger Defense Costs Under Merged Entity’s D&O Policy

Corporate policyholders should carefully consider insurance coverage implications when structuring mergers, acquisitions, or other transactions that may impact available insurance assets. A New Jersey federal court recently granted summary judgment for a surviving bank asserting coverage rights under a D&O policy issued to an entity that dissolved in a statutory merger, based in part on … Continue Reading

Multi-Disciplinary Team Announces Blockchain-Based Marine Insurance Platform

Consulting firm Ernst & Young recently announced that it is collaborating with Microsoft, data security firm Guardtime, and shipping and logistics conglomerate Maersk to create a marine insurance platform based on blockchain technology. The companies anticipate that their blockchain-based product—to be implemented globally beginning in early 2018—will connect clients, brokers, insurers, and third parties to … Continue Reading

Hunton Insurance Lawyers Analyze How Ninth Circuit’s Recent Lakers Opinion Impacts Future Coverage for TCPA Claims

On August 29, 2017, my colleagues Lawrence J. Bracken, Michael Levine, and Geoffrey Fehling published an article in Law360 discussing the Ninth Circuit’s recent decision rejecting coverage for the Los Angeles Lakers’ director’s and officer’s (D&O) insurance claim arising from a fan’s class action lawsuit under the Telephone Consumer Protection Act (TCPA), based on a … Continue Reading

Hunton Insurance Lawyers Syed Ahmad and Geoffrey Fehling Discuss The Importance of Insurance Coverage for Commercial Drone Operations

From disaster preparedness and workplace safety to autonomous deliveries and performance arts, companies worldwide increasingly rely on drones as a natural extension of their business. Recent Federal Aviation Administration forecasts predict that nearly 4 million drones—over 420,000 of which will be used for commercial operations—will be operating in the U.S. by the year 2021.… Continue Reading

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

District Court Holds Narrow Computer Fraud Provision, Restrictive State Law, Means No “Direct Loss” Arising From Fraudulent E-mail Scheme

Highlighting the continued problems faced by policyholders in obtaining coverage for “computer fraud,” a Michigan district court recently held that a manufacturer could not recover $800,000 in funds lost after an employee mistakenly wired payment for legitimate vendor invoices into a fraudster’s bank account after receiving a spoofed e-mail requesting payment. In American Tooling Center, … Continue Reading

Hunton Insurance Lawyers Sergio F. Oehninger and Geoffrey Fehling Provide a Primer on Insurance Coverage for FCPA Claims and Investigations

The frequency and magnitude of Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) investigations and claims continue to grow. Last month, the U.S. Securities and Exchange Commission announced that Halliburton Co. had agreed to pay $29.2 million in fines and penalties to settle allegations that its operations in Angola and … Continue Reading

The Cost of Cyber Exposure: A Further Look A Lloyd’s Emerging Risk Report 2017

Last month’s post summarized key findings from the recent emerging risk report issued by Lloyd’s of London and risk-modeling firm Cyence, highlighting several key findings about cyber risks and the cyber insurance market more generally. In this post, we provide a closer look at some of the more significant cyber coverage issues discussed in the … Continue Reading

Where Are Those Dragons?: A Look at HBO’s Recent “Game of Thrones” Data Theft and Coverage for Cyber Crimes

Earlier this week, HBO announced that it had suffered a “cyber-incident” involving the compromise of “proprietary information” that reportedly includes forthcoming episodes and scripts from popular HBO shows such as Game of Thrones. The HBO breach is the most recent in a growing list of cybersecurity issues faced by Hollywood studios this year. In an … Continue Reading

District Court Rejects Insurer’s Attempt to Recoup Defense Costs, Citing Defective Reservation of Rights

A Georgia district court recently denied an insurer’s attempt to recoup defense costs, holding that even where the court previously determined that coverage was barred under the policy’s pollution exclusion, the insurer could not “rewrite the record” or clarify its “defective” reservation of rights letters to show that it fairly informed the policyholder of its … Continue Reading

Insurer Report Predicts Increasing Global Risk, Up to $53 Billion in Losses, Following Major Cyber Event

As discussed in prior posts, recent cyber events, such as the “Wanna Cry” ransomware attack, serve as important reminders to policyholders that cyber insurance should remain a priority for any business facing potential exposure from a cyber event. A recent report further underscores the potential impact of a major global cyber event, estimating that the … Continue Reading

Eleventh Circuit Affirms $8 Million Jury Award for Insurer’s Negligent Failure to Settle

In the linked Client Alert, my colleague, Geoff Fehling, discusses the recent federal appellate decision in Camacho v. Nationwide Mutual Insurance Co., No. 16-14225, 2017 WL 2889470 (11th Cir. July 7, 2017), where the Eleventh Circuit affirmed a Georgia district court’s refusal to disturb a jury award for the policyholder arising from the insurer’s failure … Continue Reading
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