Tag Archives: Paul T. Moura

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

After Television Production Is Sidelined Overseas, NBCU Fights to “Dig” Out of Its Coverage Gaps

In Universal Cable Productions LLC, et al. v. Atlantic Specialty Insurance Co., No. 2:16-cv-04435 (C.D. Cal. Oct. 6, 2017), the United States District Court for the Central District of California held that a “war” exclusion barred insurance coverage for losses arising from NBCUniversal’s decision to postpone and relocate production of its action-thriller miniseries Dig, due … Continue Reading

Connecting The Risks: Electric Vehicles and Insurance

In an article that first appeared in Electric Light & Power, Hunton & Williams attorneys Sergio F. Oehninger and Paul T. Moura discuss the growing Electric Vehicle (EV) industry and the risks posed due to the consequential strain on the power grid. As they explain, demand and investment in EVs will likely spur greater demand … 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

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

Product Recalls: Keeping Your Insurance Coverage Intact

Product recalls are on the rise in many industries. As regulatory and consumer protection standards are getting tougher, product supply chains are becoming more complex. This increases the risk of errors, defects and contamination at all levels of operation. Too often, these problems do not manifest themselves until after a product hits the market. All … Continue Reading

“Think Hard Before Saying No”: Ninth Circuit Disparagement Coverage Ruling Gives Policyholders A Lifeline In Settlement Negotiations Involving Excess Insurers

The Ninth Circuit in Teleflex Medical Incorporated v. National Union Fire Insurance Company of Pittsburgh PA, No. 14-56366 (9th Cir. Mar. 21, 2017) affirmed a jury verdict finding that AIG must pay $3.75 million in damages plus attorneys’ fees to cover LMA North America, Inc.’s (“LMA’s”) settlement with its competitor over allegedly disparaging advertisements that characterized … Continue Reading

With The Loss Of Another Icon, Employers Are Reminded To Prepare For The Risk Of A Fallen Star

With the passing of Bill Paxton coming on the heels of the deaths of several other lauded talents—including Carrie Fisher, Debbie Reynolds, and Mary Tyler Moore—fans continue to mourn the losses of their beloved artists, as well as the lost opportunities to see them in their upcoming roles.  And those losses reverberate across entertainment industries.  … Continue Reading

Second Circuit Reminds Consumer Product Companies That Insurance Options Exist For Big Data Blunders And Privacy Faux Pas

Consumer class actions are on the minds of virtually all consumer product manufacturers and service providers. Class actions based on privacy and consumer protection statutes are increasing at a remarkable rate, and can be a challenge to predict, budget, and defend, given the difficulty in valuing consumer privacy rights. In their article, “Second Circuit Reminds … Continue Reading

New Jersey Supreme Court Decision Reminds Policyholders To Make Timely Notice of Claims

On February 11, 2016, New Jersey’s highest court held that National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, (“National Union”) could refuse coverage for Templo Fuente De Vida Corp. and Fuente Properties Inc.’s settlement with policyholder First Independent Financial Group under a “claims-made” directors and officers policy because First Independent did not provide notice “as … Continue Reading

Excess Insurer Cannot Evade Coverage for Accidents Involving Uber Drivers

On December 14, 2015, a federal court in California denied Evanston Insurance Company’s motion to dismiss Uber’s breach of contract and breach of the implied covenant of good faith and fair dealing claims. Evanston Insurance Company v. Uber Technologies, No. 15-cv-03988-WHA (Dec. 14, 2015). The case concerns Evanston’s duty to indemnify Uber for claims arising … Continue Reading

Insurers To Indemnify $132 Million Loss From Train Collision Allegedly Caused By Texting Engineer

Insurers To Indemnify $132 Million Loss From Train Collision Allegedly Caused By Texting Engineer, FC&S Legal November 9, 2015 In Those Certain Underwriters at Lloyd’s London et al. v. Connex Railroad LLC, a Los Angeles trial court found that an insurer must indemnify its insured railroad for $132 million in claims arising out of a … Continue Reading

Lessons from ‘Deflategate’: Drafting the right arbitrator picks

Lessons from ‘Deflategate’: Drafting the right arbitrator picks, InsideCounsel October 27, 2015 Article discussing the insurance implications from the NFL’s so-called “Deflategate” scandal, involving the alleged deflation of footballs used in the 2014 AFC Championship Game.  The scandal resulted in a four-game suspension of four-time Super Bowl Champion Tom Brady.  When Brady—through the NFL Players Association—appealed … Continue Reading

Tapping Corporate Predecessors’ Liability Insurance Policies Just Became Easier Following Fluor Ruling

Tapping Corporate Predecessors’ Liability Insurance Policies Just Became Easier Following Fluor Ruling, Westlaw Journal Insurance Coverage, volume 26, issue 2 October 15, 2015 In a landmark decision, the California Supreme Court on August 20, 2015, held that enforcing an anti-assignment clause in an insurance policy as a bar to coverage – where the assignment occurred … Continue Reading

California Supreme Court Limits Anti-Assignment Clauses in Landmark Ruling

In a landmark decision, the California Supreme Court on August 20, 2015, held that enforcing an anti-assignment clause in an insurance policy as a bar to coverage – where the assignment occurred post-loss – was contrary to California Insurance Code Section 520, which provides that consent-to-assignment clauses are invalid if invoked after a loss has … Continue Reading

New York Court Says E&O Insurer Must Cover Claims for Statutory Damages Despite Exclusion for Fines, Penalties, Forfeitures and Sanctions

On July 28, 2015, the New York Supreme Court in Navigators Insurance Company v. Sterling Infosystems, Inc., Index No. 653024/2013, (N.Y. Sup. Ct. July 28, 2015), held that Navigators Insurance Company must defend and indemnify its policyholder for claims seeking statutory damages under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., … Continue Reading

First Circuit’s Revival of Lost Policy Case Demonstrates That Policyholders Should Not Be So Quick to Give Up on Coverage

On May 27, 2015, the First Circuit Court of Appeals in Cardigan Mountain School v. New Hampshire Ins. Co., CV 14-2182, 2015 WL 3393771 (1st Cir. May 27, 2015), held that the policyholder, sufficiently pled a plausible case that an insurance policy had been issued by New Hampshire Insurance Company for the period 1967–1968, even … Continue Reading
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