Tag Archives: Michael S. Levine

New York Cybersecurity Deadline Highlights Importance of a Comprehensive Insurance Coverage for Cyber Risks

As we and our sister blogs have previously reported (see here, here, and here), the New York State Department of Financial Services enacted Cybsersecurity Requirements for Financial Services Companies, 23 NYCRR 500, on March 1, 2017. The first certification of compliance with this regulation is due today, February 15, 2018.… Continue Reading

Sixth Circuit Appeal Underscores Numerous Marijuana Operations Insurance Coverage Issues

Commercial landlord KVG Properties Inc. has appealed a district court summary judgment ruling dismissing its claims under a first-party property policy issued by Westfield Insurance Company, arguing that the district court improperly rejected its claim because KVG’s tenants’ use of the property for marijuana growing operations was illegal under federal law. The appeal underscores the … Continue Reading

Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation

An Iowa federal court recently ruled that an insurer must pay its policyholder’s defense costs from the date of installation of the allegedly faulty product, even though the underlying suits failed to allege when damage purportedly occurred. The ruling opens the door under each of the policyholder’s successive liability policies from 2000 to 2008, allowing … Continue Reading

California Court Holds that Drug- and Alcohol-related Injuries Are Not Barred by Professional Services Exclusion

On January 9, 2018, the Northern District of California held that the Nonprofits Insurance Alliance of California owed defense coverage to a pair of Scientology-based drug and alcohol rehabilitation centers for two lawsuits filed in Georgia and Oklahoma alleging that staff members had provided drugs and alcohol to patients, which resulted in injury and death. … Continue Reading

“Watershed” Cyber Attack Targets Industrial Plant: Highlights Need for Adequate Cyber Insurance

In what has been described as a “watershed” cyber incident, hackers recently used sophisticated malware—dubbed Triton—to take control of a key safety device installed at a power plant in Saudi Arabia. One of the few confirmed hacking tools designed to manipulate industrial control systems, this new breach is part of a growing trend in hacking … Continue Reading

New York Court Finds 51-Year-Old AIG Policy Still Covers World Trade Center Asbestos Injury Claims

A New York trial court held last week in American Home Assurance Co. v. The Port Authority of N.Y. and N.J., Index No. 651096/2012 (Sup. Ct. N.Y. Nov. 29, 2017) (Bransten, J.) that an insurance policy issued in 1966, to insure the construction of the World Trade Center, continues to provide insurance coverage over modern-day … Continue Reading

Fifth Circuit Finds No Coverage Under Commercial Crime Policy Based on Narrow Construction of Undefined Terms

The Fifth Circuit recently upheld the dismissal on summary judgment of a policyholder’s claim under a commercial crime insurance policy, affirming the trial court’s narrow interpretation of the terms “owned” and “loss,” concluding that the policyholder did not “own” the funds at issue or suffer a “loss” when it loaned those funds to the fraudsters. … Continue Reading

Don’t Hit “Snooze” on Your Notice Obligation – California Ruling Provides a Crucial Lesson for Those Purchasing “Claims-Made” Policies

In Centurion Med. Liab. Protective Risk Retention Grp., Inc. v. Gonzalez, No. CV 17-01581 RGK (JCx), 2017 BL 392431 (C.D. Cal. Nov. 1, 2017), Centurion Medical Liability Protective Risk Retention Group sought a declaration that it owed no duty to defend a lawsuit alleging that its insureds—a group of medical practitioners—committed professional negligence during the … Continue Reading

Allianz Launches Blockchain Prototype

Insurance giant Allianz Global Corporate & Specialty S.E. announced yesterday that it has launched a blockchain prototype for a global captive insurance program. The project focuses on professional indemnity and property insurance for a customer with a captive insurance program with local subsidiaries in the U.S., China and Switzerland. Captive programs are complex programs used … Continue Reading

Hunton Global Privacy and Insurance Leaders Address the Prevention and Insurability of Cyber Attacks

A recent article published by Securityroundtable.org highlights the vulnerabilities businesses face in a world of e-commerce and interconnectivity, and how proper planning through a tailored cybersecurity program that includes – among other components – appropriate insurance coverage for cyber risks can help prevent a successful attack and mitigate the financial impact should one occur. Whether … 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

Court Finds No Crime Coverage For Computer Fraud Losses

On Tuesday, the U.S. District Court for the District of New Jersey granted Travelers’ motion to dismiss Posco Daewoo America Corporation’s suit for coverage under the computer fraud provision of its crime insurance policy.  Distinguishing itself from precedent like Medidata, Principal Solutions Group, Apache and American Tooling Center, Daewoo did not seek coverage for money … 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

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

Hunton’s Patrick McDermott Confirmed To DC Bar Foundation’s Young Lawyers Network Leadership Council

Congratulations to Hunton & Williams insurance recovery lawyer, Patrick McDermott, on his confirmation by the DC Bar Foundation’s Board of Directors to the organization’s Young Lawyers Network Leadership Council.  The DC Bar Foundation launched the Young Lawyers Network Leadership Council in November 2011 as an opportunity for younger attorneys to further the goal of access … Continue Reading

Florida Office Of Insurance Regulation Enters Emergency Order Regarding Hurricane Irma Claims

Following the devastation of Hurricane Irma, the Florida Office of Insurance Regulation has entered an emergency order regarding insurance procedures for residential property policies to assist policyholders and streamline the claims process. The insurance commissioner’s order provides standardized requirements for claims reporting, grace periods for payment of premiums and performance of other duties by policyholders, … Continue Reading
LexBlog