Tag Archives: Travelers

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 Attorney Jennifer E. White Comments On Big Implications Of Long-Tail Claim Decision

On January 27, my colleague, Jennifer White, was quoted in Business Insurance concerning the recent decision in E.M. Sergeant Pulp & Chemical Company, Inc. v. The Travelers Indemnity Company, which she and attorney Brittany Davidson discussed last week on Hunton’s Insurance Recovery Blog.  In that case, a federal district court allowed a chemical company to … Continue Reading

“Scanty” Evidence, Big Implications For Court’s Denial Of Insurer’s Summary Judgment Motion

Last Thursday, a federal district judge in New Jersey denied, in part, Travelers Indemnity Company’s (Travelers) motion for summary judgment on claims for indemnity costs because the plaintiff, E.M. Sergeant Pulp & Chemical Company (EMS), provided sufficient evidence to raise triable questions of fact. Although the evidence was just “barely sufficient” to keep the case … Continue Reading

Hunton Insurance Practice Head Walter Andrews Quoted on Confusion to Result from Rapid-American Excess Exhaustion Decision

Hunton & Williams’ insurance practice head, Walter Andrews, was quoted in a Law360 article yesterday regarding the confusion that is likely to result from a federal bankruptcy judge’s decision in Rapid-American Corp. v. Travelers Casualty and Surety Co., where the court concluded that a majority of excess insurers owe no coverage to Rapid-American Corp. for underlying asbestos … Continue Reading

Federal Bankruptcy Judge Says No Excess Coverage in New York Until Underlying Limits Exhausted Through Payment of Claims

Two of three of Rapid-American Corp.’s excess liability insurers do not have to respond to underlying asbestos claims unless and until all underlying coverage is exhausted by the payment of claims, says Judge Bernstein of the United States Bankruptcy Court for the Southern District of New York in a June 7, 2016 decision. Rapid-American has … Continue Reading

If a Data Breach Occurs and Nobody Reads It, Does It Constitute “Publication”?

Syed Ahmad, a partner in the Hunton & Williams LLP insurance recovery practice, was quoted in an article by Law360 concerning the Fourth Circuit’s April 11, 2016 decision in Travelers Indemnity Company v. Portal Healthcare Solutions, No. 14-1944. In the decision, a panel of the Fourth Circuit affirmed the decision of a Virginia district court, … Continue Reading

Fourth Circuit Affirms Coverage For Cyber Incident

On April 11, 2016, the Fourth Circuit affirmed a trial court’s decision that Travelers must defend a class action against its policyholder, Portal Healthcare Solutions, arising out of Portal’s alleged failure to safeguard confidential medical records. In the class action, the plaintiffs contended that Portal had allowed their private medical records to be accessed on … Continue Reading
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