The May 13, 2019 decision by the US Supreme Court in Apple, Inc. v. Pepper has brought antitrust concerns, and the insurance issues they raise, front and center.  While Apple, Inc., of course, is a publicly traded company, private companies can also fall victim to these issues and need to look to coverage for protection. 

Hunton Andrews Kurth insurance recovery partner, Lorie Masters, received a top “Band 1” ranking by Chambers and Partners in the Insurance: Policyholder category for the District of Columbia, and a “Band 2” ranking in the Insurance: Dispute Resolution: Policyholder – USA – Nationwide category.

Continue Reading Hunton Insurance Recovery Lawyers Ranked by Chambers as Top Insurance Practitioners

Hunton Andrews Kurth LLP partner Lorie Masters, partnering with insurance broker Marsh and others, analyzed the often complex issues raised by the insurance coverage actions posed by actions alleging violations of antitrust laws.  “Optimizing Antitrust Coverage in Private Company D&O Policies,” published by Marsh in Insights.  Investigations invoking antitrust laws raise the prospect of

In a victory for policyholders, a recent decision from the Western District of Texas narrowly construed a common breach-of-contract exclusion and held that the insurer had a duty to defend its insured against an underlying lawsuit over construction defects. The allegations potentially supported a covered claim, as the conduct of the insured’s subcontractor could have been an independent, “but for” cause of the property damage at issue, thereby triggering the insurer’s duty to defend.

Continue Reading Texas Court Construes Breach of Contract Exclusion Narrowly in Duty-to-Defend Case

A New York district court has held that an insurer must provide coverage under three excess insurance policies issued in 1970 for defense and cleanup costs incurred by Olin Corporation in remediating environmental contamination at seven sites in Connecticut, Washington, Maryland, Illinois, New York, and Washington. Seven of the remaining sites at issue presented questions of fact for trial, with only one site being dismissed due to lack of coverage.

Continue Reading Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

A Connecticut court recently denied a motion to compel appraisal of a claim for coverage of a commercial property damage claim, holding that, where the insurance policy at issue provides for appraisal of disputes related to the value or quantum or a loss suffered—not the rights and liabilities of the parties under the policy—appraisal is premature. The decision relied on law that equates insurance appraisal to arbitration and follows a number of decisions holding that parties cannot expand the scope of appraisal clauses to resolve questions of coverage or liability where, as in this case, those issues are not supported by the applicable policy language.
Continue Reading Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature

Hunton Andrews Kurth LLP insurance recovery partners, Lorelie Masters and Lawrence J. Bracken II, received rankings in the 2018 Chambers and Partners USA attorney rankings.  Lorie received “Band 1” recognition in the Policyholder Insurance category for the District of Columbia and a “Band 2” recognition in the Dispute Resolution: Policyholder Insurance category for the Nationwide regions, while Larry received “Band 4” recognition in the General Commercial Litigation category among Georgia attorneys.  Both designations are the product of the outstanding results Lorie and Larry have achieved in their respective fields, and are indicative of the level of expertise both bring to the insurance recovery practice at Hunton Andrews Kurth, LLP.

Continue Reading Hunton Insurance Partners Ranked by Chambers USA

May 25, 2018 should be a day circled on many company calendars. On that day, the European Union’s long-awaited Global Data Protection Regulation (“GDPR”) will go into effect.  It is crucial for U.S. companies to prepare for the GDPR, as they, too, will be required to comply with a new set of data privacy rules if they are handling data from EU-based customers, suppliers, or affiliates. As long as you collect personal or behavioral data from someone in the EU, you must comply with the GDPR.

Continue Reading With the EU’s Global Data Protection Regulation Quickly Approaching, Policyholders Should Act Now to Maximize Insurance Coverage for Its Potentially Staggering Liabilities

On April 20, 2018, the Eleventh Circuit affirmed an Alabama district court decision finding that an “absolute pollution exclusion” did not bar coverage for environmental property damage and injuries from a sewage leak. Evanston Ins. Co. v. J&J Cable Constr., LLC, No. 17-11188, 2018 WL 1887459, (11th Cir. Apr. 20, 2018).

Continue Reading Eleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”