Tag Archives: Lorelie S. Masters

Bermuda Form Insurance Arbitration Series: Case Law Involving the Bermuda Form

In this final post in our Hunton & Williams Bermuda Form Arbitration Series, we discuss case law involving the Bermuda Form.  As explained in a prior post, the Bermuda Form includes an arbitration clause specifying that disputes be submitted to arbitration in London under the English Arbitration Act, but applying the substantive law of New … Continue Reading

California Supreme Court to Review Policy Exhaustion in Chemical Manufacturer Coverage Dispute

Earlier this month, the California Supreme Court agreed to review Montrose Chemical Corporation’s appeal from a September appellate court ruling that rejected Montrose’s preferred “vertical exhaustion” method of exhausting excess-layer policies in favor of a policy-by-policy review to determine which policies are triggered. The California high court’s grant of Montrose’s petition for review is potentially … Continue Reading

Bermuda Form Insurance Arbitration Series: The Final Hearing, and Interest and Costs Awards

A prior post in the Blog’s Bermuda Form Arbitration Series discussed several strategic considerations for the discovery and briefing stages of Bermuda Form arbitrations. This post focuses on the final stages of arbitration: The final hearing, and awards of interest and costs. *                      *                      * The Final Hearing The presentation of evidence in the “final … Continue Reading

Bermuda Form Insurance Arbitration Series: Discovery and Briefing Strategy in Bermuda Form Arbitrations

A prior post in the Blog’s Bermuda Form Arbitration Series discussed several strategic considerations for London arbitrations involving the Bermuda Form, including considerations for initiating the arbitration, selection of arbitrators, and selection of counsel. This post focuses on strategic considerations for the discovery and briefing stages of London arbitrations.… Continue Reading

Bermuda Form Insurance Arbitration Series: History of the Bermuda Form

The commercial insurance programs of many multi-national and United States businesses include “Bermuda Form” policies, a special policy form developed in Bermuda in the mid-1980s that includes unique provisions and provides for arbitration of disputes, usually in London under the substantive law of New York. These provisions provide challenges for United States policyholders and “stack … Continue Reading

New Jersey Decision Highlights Importance Of Reviewing Historical Liability Insurance Policies

In a recent Client Alert, Hunton & Williams insurance attorneys Lorelie Masters, Michael Levine, and Geoffrey Fehling discuss the importance of reviewing historical liability insurance policies and the potential benefit these policies can have on minimizing exposure to environmental hazards. In Cooper Industries, LLC v. Employers Insurance of Wausau, et al., No. L-9284-11 (N.J. Super. … Continue Reading

Accessing Insurance After California Fires

Homeowners and businesses are beginning the painful recovery process following the devastating fires in California. Insurance money will be critical to that process. Read Lorie Masters’ and Michael Levine’s article in Law360 about how you can protect your right to access those critical funds.… Continue Reading

Hunton Insurance Attorneys Published On Event-Cancellation Insurance In Sports Litigation Alert

The Sports Litigation Alert has published an article written by Hunton & Williams insurance recovery attorneys Lorelie S. Masters, Michael S. Levine, and Tae Andrews. The article, entitled “Recent Catastrophic Storms Emphasize the Need for Event-Cancellation Insurance for Professional Sports Organizations,” originally ran in the October 13th issue of the Alert. In the article, Masters, … Continue Reading

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

Blockchain: Tapping Its Potential and Insuring Against Its Risks

In an article in the September issue of ABA Business Law Today, Hunton & Williams attorneys Lorie Masters, Sergio F. Oehninger, and Patrick McDermott discuss the increasing use of blockchain technology, the security of the technology, and insuring against the relevant risks. As they explain, the “potential disruptive uses of blockchain technology in the marketplace … Continue Reading

Court Order Sending Coverage Dispute To Arbitration Overseas Demonstrates The Potential Consequences Of Purchasing “Bermuda Form” And Other International Coverages

In MF Global Holdings Ltd. et al. v. Allied World Assurance Co. Ltd. et al., No. 1:16-ap-01251 (Bankr. S.D.N.Y. Aug. 24, 2017), the United States Bankruptcy Court for the Southern District of New York ordered MF Global Holdings Ltd. and Allied World Assurance Co. Ltd. to arbitrate their $15 million errors-and-omissions coverage dispute in Hamilton, Bermuda. … 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

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

“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
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