Hunton Insurance Recovery Blog

On April 14, 2016, in the case of St. Paul Mercury Ins. Co. v. Am. Bank Holdings, Inc., 15-1559, 2016 WL 1459517, at *1 (4th Cir. Apr. 14, 2016), the Fourth Circuit held that notice to a registered agent started the clock for purposes of calculating timely notice under American Bank's liability policy with St. Paul.  The policyholder, American Bank Holdings, Inc., provided untimely notice after the registered agent forwarded the underlying lawsuit to American Bank's CFO, who was no longer with the business. With no apparent back-up for the CFO, the underlying lawsuit remained untouched until the plaintiff obtained and sought to enforce a $98.5 million default judgment. When American Bank alerted St. Paul, the insurer denied coverage based on untimely notice under the policy's provision that notice be given "as soon as practicable, but in no event later than: (a) sixty (60) days after expiration of the Policy Year in which the Claim was first made." American Bank later spent approximately $1.8 million in attorneys' fees and costs getting the default judgment vacated and the state-court lawsuit dismissed.

Yesterday, a federal court found that FIFA’s D&O insurer is obligated to reimburse and advance legal costs for the defense of Eduardo Li, one of the defendants in the FIFA racketeering and fraud prosecution. Li v. Certain Underwriters at Lloyd’s, London, No. 15-cv-6099 (E.D.N.Y. Apr. 27, 2016). Li was the president of the Costa Rican soccer federation, an executive member of the soccer association for North and Central America (CONCACAF), and a member of FIFA standing committees. Along with other FIFA executives, he was indicted this past summer and charged with racketeering conspiracy, wire fraud conspiracy, and money laundering conspiracy.

Yesterday, a federal court found that FIFA’s D&O insurer is obligated to reimburse and advance legal costs for the defense of Eduardo Li, one of the defendants in the FIFA racketeering and fraud prosecution. Li v. Certain Underwriters at Lloyd’s, London, No. 15-cv-6099 (E.D.N.Y. Apr. 27, 2016). Li was the president of the Costa Rican soccer federation, an executive member of the soccer association for North and Central America (CONCACAF), and a member of FIFA standing committees. Along with other FIFA executives, he was indicted this past summer and charged with racketeering conspiracy, wire fraud conspiracy, and money laundering conspiracy.

The Supreme Court of Georgia recently ruled that the pollution exclusion in a CGL policy applied to a personal injury claim arising from ingestion of lead-based paint, rejecting an earlier court opinion that lead-based paint was “not clearly a ‘pollutant’ as defined in the policy.”  Read more here.

An article titled “A Primer On Insurance Coverage for Food Contamination Losses”, written by Syed Ahmad and Matthew McLellan, was published in the April 2016 issue of Food Logistics Magazine. The article provides an overview of insurance protection for food contamination events confronted by companies in the food and beverage supply chain. The article describes the availability of coverage under standard-form policies as well as specialized coverage for food contamination events. Through illustrations based on recent high profile contamination events and product ...

An insurance claim service in the UK is now offering policyholders a unique way to replace lost, damaged or stolen property – 3D printing. SBS Insurance Services says it is the first 3D printed jewelry insurance claim service to offer the technology, which allows it to "replace the irreplaceable."  Using the technology, SBS touts that "thanks to 3D printing technology and a first-of-its-kind insurance claim service, UK policyholders at SBS Insurance will be able to receive identical, high value, 3D printed jewelry models that replace the previously irreplaceable."

As an update to our March 31 post about MetLife shedding its SIFI designation, the court recently released its opinion detailing the reasoning behind its order. The court found two reasons to overturn MetLife's designation as a systemically important financial institution (SIFI), which the Financial Stability Oversight Council (FSOC) placed on MetLife after finding that "material financial distress" at MetLife could "pose a threat to the financial stability of the United States."

An article by Hunton lawyers Walter Andrews and Mike Levine, titled Insurance Planning for 2016: Top Ten Real Estate Liability Concerns, was recently published in the Spring 2016 issue of The Real Estate Finance Journal. The article addresses ten recurring liability concerns facing real estate professionals, investors, developers, lenders, owners and managers, and the associated insurance issues. The article addresses ways commercial insurance can be used to mitigate potential liability for those involved in complex real estate transactions. Andrews and Levine, along with ...

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, which held in August 2014 that Travelers must defend Portal Healthcare Solutions LLC against a proposed class action alleging that the policyholder’s failure to secure its server made medical records accessible by unauthorized users ...

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 the internet for more than four months by a simple Google search of a patient’s name. Portal sought coverage under provisions in two Travelers policies that provided coverage for alleged injury arising from “electronic publication of material” that “gives unreasonable publicity to a person’s private life” or that “discloses information about a person’s private life.”

On March 30, 2016, Florida’s Second Judicial Circuit (Leon County) declared that the personal and commercial residential policy data and report submitted by State Farm Florida Insurance Company (“State Farm”) to Florida’s Office of Insurance Regulation (“OIR”) constitute trade secrets under Florida law and are thus immune from public disclosure under Florida’s Public Records Act. Beginning in the first quarter of 2014, State Farm began filing its Quarterly and Supplemental Reporting System (“QUASR”) reports with “trade secret” designation. On May 15, 2014, State Farm filed a declaratory action in Florida’s Second Judicial Circuit in and for Leon County, requesting that the Court declare: (1) State Farm’s QUASR data and report are trade secretes under 812.081 and 688.022, Fla. Stat.; and (2) that State Farm’s QUASR data and report are exempt from public disclosure under Florida’s Public Records Act because they are trade secret.

Last week, Chubb announced that it would begin offering personal lines coverage in four states for costs related to cyberbullying. The coverage would reportedly insure costs for “psychiatric services, rest and recuperation expenses, lost salary, temporary relocation services, education expenses, professional public relations services, and cyber security consultants.”

The cyberbullying protection would cover expenses up to $60,000. Chubb will offer the coverage to its homeowners insurance policyholders who purchase a Family Protection policy, which Chubb says ...