In this final post in our Hunton & Williams Bermuda Form Arbitration Series, we discuss case law involving the Bermuda Form. As explained in a prior post, the Bermuda Form includes an arbitration clause specifying that disputes be submitted to arbitration in London under the English Arbitration Act, but applying the substantive law of New York. The natural consequence of this arbitration provision is that reported decisions analyzing the substantive provisions of the Bermuda Form are few and far between. Little binding precedent has developed—or will develop—regarding interpretation of the Bermuda Form given that awards are issued in confidential arbitration proceedings. Nonetheless, several decisions in England and the United States offer insight into the handling and resolution of disputes involving Bermuda Form policies.
AstraZeneca Insurance Co. Ltd. v XL Insurance (Bermuda) Ltd. and ACE Bermuda Insurance Ltd., [2013] EWHC 349 (Comm)
AstraZeneca Insurance Co. Ltd. v XL Insurance (Bermuda) Ltd. and ACE Bermuda Insurance Ltd., [2013] EWHC 349 (Comm), is the only reported decision we have found addressing substantive provisions of the Bermuda Form, and the arguments made in open court for, and against, the coverage the policyholder believed it had purchased. Its usefulness in interpreting standard Bermuda Form policies is limited, however, because – in a twist not usually found in these (or other commercial) policies – the policyholder there, evidently after the kind of negotiation not often found in these transactions, had succeeded in seeking revisions to the arbitration and choice-of-law provisions that are hallmarks of the policy form. As a result of these changes, which removed the arbitration provision to allow litigation in court and changed the governing substantive law from New York law to English law, the decision is likely to provide little precedential value for disputes under standard (non-modified) Bermuda Form policies. However, it provides an interesting insight, and a cautionary tale, about perhaps unintended consequences, or simply the advisability of consulting both the law in the jurisdiction proposed to replace New York as governing law, as well as experienced counsel, before making revisions to the standard ADR and choice-of-law provisions in the Bermuda Form (or any standard policy form containing such provisions).
In that case, the Commercial Court of the High Court of England and Wales, Queens Bench Division, considered whether AstraZeneca’s captive insurer was entitled to hundreds of millions of dollars in defense costs and settlement payments under a Bermuda Form policy in connection with product liability claims relating to the anti-psychotic drug Seroquel.
As noted above, the Bermuda Form policy used in AstraZeneca was unique in two key respects that explain how it made its way to the courthouse. First, the parties to that policy engaged in negotiations that eliminated the arbitration provisions standard in Bermuda Form policies, and instead conferred jurisdiction on the English Commercial Court. Second, and perhaps regrettably for AstraZeneca, the parties agreed that the policy would be governed by English law, and not the New York law used in the standard form. Thus, while these modifications allowed for a rare judicial review of the Bermuda Form, they also mean that the decision may be limited to its facts and its atypical governing law. It also highlights other potentially sticky aspects of Bermuda Form’s policy language that policyholders should consider when purchasing such products.
The core issue in AstraZeneca was whether the Bermuda Form policy covered payments made by the policyholder to settle the underlying claims. The insuring clause of the policy provided that the insurer was to “indemnify the Insured for Ultimate Net Loss the Insured pays by reason of liability: (a) imposed by law… for Damages on account of: (i) Personal Injury… encompassed by an Occurrence.” (Emphasis added). The policy defined “Damages” as “all forms of compensatory damages, monetary damages and statutory damages… which the Insured shall be obligated to pay by reason of judgment or settlement for liability… and shall include Defense Costs.” As the discussion below will show, this case presents a prime example of a foreign court assuming, incorrectly, that it is reading another jurisdiction’s law correctly.
The court first addressed the policyholder’s claims that its payments to settle the underlying claims qualified as a “legal liability” (i.e., a “liability…imposed by law”) under the policy as seen through the lens of English law. Policyholders, of course, buy liability insurance to protect against both judgments and settlements, with the understanding (by both policyholders and insurers) that most cases settle. Contrary to that common expectation, the court concluded that English law includes a “consistent and well-established” rule that an insurer is responsible only for indemnification of actual legal liability, not just an alleged liability. The court further explained that the burden is on the insured to prove that, on a balance of probabilities, the insured would have been subject to actual legal liability. The court relied on the conclusion that, although a judgment against the insured may be strong evidence of such liability, neither a settlement nor a judgment automatically establishes a policyholder’s “actual legal liability.” Thus, under English law, an insured is entitled to indemnity from its insurer only when it can show, on a “balance of probabilities,” that it would have been subject to actual liability for the third-party claim.
The court also limited the policyholder’s recovery of defense costs. Again, in a ruling that would likely shock U.S. policyholders, the court, relying on English law, concluded that the policyholder must show that it would have been subject to “actual legal liability” before it can recover its liability insurance. The court explained that defense costs were a component of the definition of Damages, and thus the policyholder could recover defense costs only in circumstances when “Damages” would be recoverable. Hence, the court concluded that the policyholder could recover defense costs only where it could show, on a balance of probabilities, that it would have been under an actual liability for the third party claim.
The Court of Appeal agreed with the lower court’s analysis. In a notable misreading of New York law, the English appeals judges also opined in dicta that that a U.S. court would reach the same result under New York law. However, New York law is clear that a policyholder who settles a case “need not establish actual liability to the party with whom it has settled ‘so long as…a potential liability on the facts known to the [insured is] shown to exist.’” See, e.g., Luria Bros. & Co. v. Alliance Assur. Co., 780 F.2d 1082, 1091 (2d Cir. 1986) (citation omitted); accord Tokio Marine & Nichido Fire Ins. Co. v. Calabrese, No. 07-CV-2514 JS AKT, 2013 WL 752259, at *8 (E.D.N.Y. Feb. 26, 2013) (If “an indemnitor has notice of the claim against it, ‘the general rule is that the indemnitor will be bound by any reasonable good faith settlement the indemnitee might thereafter make.’”). As Judge Weinstein explained in Uniroyal, Inc. v. Home Insurance Co., “the law is clear that a reasonable settlement binds the insurer to indemnify.” 707 F. Supp. 1368, 1378 (E.D.N.Y. 1988). These New York cases recognize that requiring the policyholder to prove its own liability would both defeat the protective purpose of liability insurance and provide grounds to the insurer to argue against coverage, a classic Catch-22. Under the New York cases, a policyholder need only demonstrate that settled claims are of a “type” that fall within the policy’s coverage; thus, the allegations of the complaint, rather than findings of actual liability,” suffice to show that the coverage applies.
Policyholders should be aware of the AstraZeneca decision and should challenge insurers who try to use it to argue that, even under New York law, coverage cannot exist under the Bermuda Form unless the insured can demonstrate “actual” as opposed to “alleged” liability. AstraZeneca should also serve as a reminder that policyholders considering the “Bermuda Form” should make sure to include “follow-the-settlements” wording that would require the insurer to indemnify its insured’s settlement payments without proof of liability. In addition, policyholders should be careful in their selection of governing law. While New York law can sometimes be more insurer-friendly than other jurisdictions, it likely favors policyholders on a number of critical aspects of coverage in comparison to English law.
H v L, [2017] EWHC 137 (Comm)
H v L, [2017] EWHC 137 (Comm), also demonstrates potentially important differences between New York and English law. There, the Commercial Court of the High Court of England and Wales, Queens Bench Division, considered an application for removal of an arbitrator in a Bermuda Form insurance arbitration based on allegations of an appearance of bias during the arbitration. The policyholders discovered that, subsequent to the arbitrator’s appointment in their arbitration with their insurer, he had accepted additional appointments involving the same insurer, its same counsel, and the same underlying incident.
The court explained that the test for impartiality of an arbitration tribunal under English law “is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased.” The “fair-minded” observer “is gender neutral, is not unduly sensitive or suspicious, reserves judgment on every point until he or she has fully understood both sides of the argument, is not complacent and is aware that judges and other tribunals have their weaknesses.” The “informed” observer “is informed on all matters which are relevant to put the matter into its overall social, political or geographical context.”
The court found no appearance of bias that justified disqualifying the arbitrator. The court noted the overlap in the subject matter and identities of the parties between the arbitrator’s various appointments, but termed this a “regular feature of international arbitration in London.” The court also emphasized that insurance and reinsurance arbitrations are highly specialized and qualifying arbitrators “often comprise a limited pool of talent.” The court even considered the arbitrator’s experience dealing with similar issues as an asset that advances “the principle of speedy finality” which underpins the use of arbitration as a dispute resolution mechanism—and appears to have ignored the potential downsides to this experience (and lack of transparency at the outset of the arbitration).
Notably, the court did not consider the arbitrator’s failure to disclose the other appointments to be sufficient grounds for disqualification, reasoning that those other appointments did not themselves give rise to any justifiable concerns over his independence. The court noted that disclosure may be “prudent” and “there may be many good reasons for doing so,” but a failure to disclose is likely not in itself sufficient grounds for disqualification.
H v L serves as an important reminder that arbitrator partiality disputes in London-based Bermuda Form arbitrations are resolved in English courts applying English arbitration law, notwithstanding the Bermuda Form’s provisions selecting New York as the applicable law for substantive contract interpretation issues. This feature is significant in light of high burden to establish an appearance of bias under English law, particularly with respect to an arbitrator’s duty to disclose. Under New York law, “the failure of an arbitrator to disclose facts which reasonably may support an inference of bias is grounds to vacate the award under CPLR 7511.” J. P. Stevens & Co. v. Rytex Corp., 34 N.Y.2d 123, 125, 312 N.E.2d 466 (1974); see also Sanko S.S. Co. v. Cook Indus., Inc., 495 F.2d 1260, 1264 (2d Cir. 1973) (“[T]he better practice is that arbitrators should disclose fully all their relationships with the parties, whether these ties be of a direct or indirect nature.”). While the English court in H v L considered disclosure to be “prudent,” New York courts have adopted a more stringent view, finding that “a rule requiring maximum prehearing disclosure must in the long run be productive of arbitral stability.” Rytex Corp., 34 N.Y.2d at 128, 312 N.E.2d 466. Similarly, Canon IV of the ARIAS • U.S. Code of Conduct for insurance and reinsurance disputes specifies that “[c]andidates for appointment as arbitrators should disclose any interest or relationship likely to affect their judgment,” that “[t]he duty to disclose all interests and relationships is a continuing obligation throughout the proceeding,” and that “[a]ny doubt should be resolved in favor of disclosure.”
Policyholders considering the Bermuda Form should be cognizant of the high burden for disqualification under English law, particularly in the context of arbitrator disclosure. Counsel experienced in London or Bermuda Form arbitrations are likely to have better knowledge, if only general, about the backgrounds and other appointments of arbitrators and may be better positioned to detect arbitrator bias. Coverage counsel can also assist policyholders to negotiate arbitration provisions that set forth appropriate criteria for arbitrator and Chair selection during the underwriting process or at the outset of the arbitration proceedings. Such advanced planning can minimize the risk of being saddled with an arbitrator who may be less-than-forthcoming about dealings that may create an appearance of bias.
MF Global Holdings Ltd. et al. v. Allied World Assurance Co. Ltd. et al., No. 1:16-ap-01251, 571 B.R. 80 (Bankr. S.D.N.Y. 2017)
MF Global Holdings Ltd. et al. v. Allied World Assurance Co. Ltd. et al., No. 1:16-ap-01251, 571 B.R. 80 (Bankr. S.D.N.Y. 2017), addressed an arbitration provision identifying (as some Bermuda Form policies have in the past done) Bermuda, not London as the place of arbitration. There, 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 insurance coverage dispute in Hamilton, Bermuda. MF Global initially sought to litigate the coverage dispute in the bankruptcy court in New York, arguing that the disposition of coverage was “core” to the bankruptcy proceedings because resolving rights under the policy required interpretation and enforcement of prior bankruptcy court orders, and also because the dispute implicated an important asset of the estate. However, Allied World sought to enforce the insurance policy’s broad Bermuda arbitration provision.[1] It argued that the coverage dispute was a “non-core” issue and public policy favors enforcing arbitration agreements.
The bankruptcy court agreed with Allied World, and concluded that it must refer the coverage dispute to arbitration in Bermuda. The court deemed the coverage dispute a “non-core” issue that was based on the parties’ pre-petition relationship, was not based on rights created under the Bankruptcy Code, and did not implicate the most important asset of the estate. The court also emphasized the Federal Arbitration Act’s strong policy in favor of enforcing arbitration agreements. Finally, the court also stayed the adversary proceeding in its entirety pending the outcome of the Bermuda arbitration.
Other courts have recognized, however, that an insurance coverage dispute certainly can be a “core” issue if the insurance coverage would have a significant aspect on the administration of the estate. See, e.g., In re U.S. Lines, Inc., 197 F.3d 631, 638 (2d Cir. 1999) (“Indemnity insurance contracts, particularly where the debtor is faced with substantial liability claims within the coverage of the policy, “may well be ... ‘the most important asset of [the debtor’s] estate.’”).
MF Global illustrates that courts may enforce the Bermuda Form’s arbitration clause even when there are logistical challenges or countervailing public policy arguments that would favor resolving the dispute in court. Although debtors or other parties in bankruptcy may be able to establish that a coverage dispute is a “core” issue that should be adjudicated in the bankruptcy court, policyholders seeking the option to litigate Bermuda Form disputes in court in the advent of bankruptcy should consider including specific wording that provides that option.
This post is part of the Blog’s Bermuda Form Insurance Arbitration Series.
* * *
A partner in Hunton & Williams LLP’s insurance coverage practice, Lorelie Masters is a member of the American Bar Association’s Board of Governors and a founder and former President of the American College of Coverage and Extra-Contractual Counsel. She is co-author, with English Barristers, Richard Jacobs QC and Paul Stanley QC, of Liability Insurance in International Arbitration: The Bermuda Form (Hart Publishing, 2d ed. 2011) (“The Bermuda Form”), which won the 2012 Book Prize of the British Insurance Law Association for outstanding contributions to the literature on insurance coverage.
Paul Moura is an associate attorney in Hunton & Williams LLP’s insurance coverage practice, where he represents clients from a diversity of industries in insurance recovery and related commercial disputes. Prior to joining Hunton & Williams, Paul was a policy researcher at a think tank based at the London School of Economics, where he helped to develop a network of policymakers, academics, and lobby groups collaborating in areas involving consumer protection and digital rights.
[1] As explained in a prior post, the 004 version of ACE’s Bermuda Form and some policy forms that follow the Bermuda Form required arbitration of disputes in Bermuda under the Bermuda Arbitration Act, often with the law of Bermuda applying. Those provisions have not proven popular with the insurance marketplace and largely have been replaced or superseded. Policyholders should take care to avoid such provisions if they can as arbitration in Bermuda is logistically more difficult.
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A nationally recognized insurance coverage litigator, Lorie handles all aspects of complex, commercial litigation and arbitration for policyholders. Chambers-ranked and recognized as a “top 10 Super Lawyer,” Lorie has ...
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- Dick’s Sporting Goods
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- Diesel Barbershop LLC
- Difference in Conditions
- Dig
- Digital Asset Coverage
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- E&O
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- Electric
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- Electronic Data
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- Eleventh Circuit
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- Fla. Stat. 626.854(16)
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- FloaTEC LLC
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- FLSA
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- Hughes
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- Hurricanes
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- Ideal Adjusting Inc.
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- Illinois
- Illinois National
- Illinois National Insurance Co.
- Illinois National Insurance Company
- Illinois Supreme Court
- Illusory Coverage
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- Imposed By Law
- IMS
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- Insurance: Dispute Resolution: Policyholder - USA - Nationwide
- Insurance: Policyholder
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- Insured v. Insured
- Insured vs. Insured
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- Intellectual Property
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- investigation
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- Irma
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- Ironshore Indemnity Inc.
- IRS
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- JLT Re
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- John B. Edwards in his capacity as Governor of Louisiana
- Johnny Lee
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- Jonathan L. Caulder
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- Judd Apatow
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- judgment preservation insurance
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- Kanye West
- Kardashians
- Karen S. Coley
- KB Homes
- Keith Voorheis
- Kelly L. Faglioni
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- Kevin Spacey
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- Key Person
- KeySpan
- KF 103
- Kiker
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- Knowing Violation Exclusion
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- Koorosh Talieh
- LA
- Labor
- Lake Country Foods
- Lamorak Insurance Co.
- Landslide
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- Larry Bracken
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- LCLD
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- LeJean Nichols
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- liberal pleading
- Liberty
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- Liberty Surplus
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- Licensing
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- Limit
- Limits
- Lincoln National Life
- Liquor Liability
- Lisa J. Sotto
- Litecoin
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- Live Nation
- Lloyd's of London
- Lloyds
- Lloyd’s of London
- LM Insurance Corporation
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- Lockton
- Lodging Magazine
- London
- London market
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- Lorie S. Masters
- Los Angeles Lakers
- Loss
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- Louisiana
- Loyalty Programs
- Lyft
- M&A
- M&A Transactions
- MAC Contractors of Florida LLC
- Madelaine
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- Maersk
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- Majority Rule
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- Malcolm C. Weiss
- Malice
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- Mama Jo's Inc. d/b/a Berries
- Management Liability
- Manatee County
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- Manufactured Gas
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- Marrell A. Jr. Crittenden
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- Marsh & McLennan
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- Massachusetts Bay Insurance Co.
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- Mayme Donohue
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- McGinnes
- Mcgraw-Hill
- MDL
- Measure of Damages
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- Media Liability
- Media Rights Capital II, LLC
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- Medical Liability
- Medical Marijuana
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- Medicinal and Adult-Use Cannabis Regulation and Safety Act
- Medidata
- Medidata Solutions
- Medidata Solutions Inc
- Menchaca
- Merck
- Merck & Co.
- Merger
- mergers
- Mergers and Acquisition
- Mergers and Acquisitions
- Merriam Webster’s Dictionary
- Merrit LLC
- mesothelioma
- Metal Pro Roofing
- Metaverse
- MetLife
- Mexico City
- MF Global Holdings
- MFG.com
- MGP
- Miami Dade Bar Young Lawyers Section
- Miami-Dade Bar Association Young Lawyer Section
- Miami-Dade Bar Circle of Excellence
- Michael E. Levine
- Michael Levine
- Michael R. Perry
- Michael S. Levine
- Michael Stein
- Michigan
- Microchip
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- Microsoft Office 365
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- Milnot
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- Minority Trial Lawyer Committee
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- Minute Key
- Misconduct Exclusion
- Misrepresentation
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- Mississippi
- Missouri Court of Appeals
- Mitigation
- Mitsui Sumitomo Insurance Company of America
- Mixed Claims
- Mobile App
- Modified Investment Advisor Exclusion Endorsement
- Mondelez International
- Mondelez International Inc.
- Money
- Monica L. Hansen
- Monroe
- Monsanto
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- Montrose Chemical Corporation
- Moorefield
- Mortgage Fraud
- Motion to Dismiss
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- Motorist
- Mountain Express Oil Company
- Mountaire Farms Inc.
- Mr. Hawley Insurance
- Mudslide
- Multidistrict Litigation
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- multiple occurrences
- Munich
- Munich Re
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- My Choice Software LLC
- Nakamoto Ltd.
- Napa
- Napoleonic Code
- National Association of Insurance Commissioners
- National Association of Women Lawyers
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- National Surety Corporation
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- NationalUnion
- Nationwide
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- Navigators
- NAWL
- NBC Universal
- NBCUniversal
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- Necessary Parties
- Negligence
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- Negligent Supervision
- Neil K. Gilman
- Neither Expected Nor Intended
- Netadvantage
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- Noranda Aluminum Holding Corp.
- Norfolk Southern Railway Company
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- Norovirus
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- North River Insurance Company
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- Notice
- Notice 2014-21
- Notice of Circumstances
- Notice-Prejudice Rule
- NotPetya
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- Number of Occurrences
- NY
- O.C.G.A. § 44-7-35(C)
- O.J. Simpson
- OCC
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- Ocean and Inland Marine
- Ocean View LLC
- Odell Beckham Jr
- OFAC
- Offenses
- Office Depot
- Office of the Insurance Commissioner of Puerto Rico
- Officers
- OH
- Ohio
- Oil
- Oil & Gas
- Oil and Gas
- Oil and Gas Petroleum
- Oil Categories: Defense Costs
- Oklahoma
- Olin
- Olin Corporation
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- Omission
- On-Demand Insurance
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- Online Banking
- Operations
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- Orders
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- Oroville
- Other Insurance
- Other Insurance Clauses
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- Otsuka America Inc.
- Out West
- Overvalued Stock
- Owners Insurance Company
- P.F. Chang's
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- Palestine
- Pamrapo Bancorp
- Pandemic
- Paperweight Development Corp.
- Parametric
- Partnership
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- Passaic River
- Patent
- Patent Infringement
- Patriarch Partners
- Patriarch Partners LLC
- Patrick M. McDermott
- Paycheck Protection Program
- Paypal
- Peer-to-Peer Insurance
- Pella
- Peloton
- Penalties
- Penalty
- Pending or Prior Claim
- Pennsylvania
- People’s Trust Insurance Co.
- Performance Trans. Inc.
- Period of Liability
- Period of Restoration
- Permanent Property Insurance
- Permissible Evidence
- Personal and Advertising Injury
- Personal Catastrophe Policy
- Personal Information
- Personal Injury
- Personal Jurisdiction
- Personal Lines Insurance
- Personal Property
- Petrochemical
- Petroterminal de Panama
- PFAS
- Pfizer
- Pfizer Inc.
- PG&E Corp.
- Pharrell Williams
- Philadelphia Indemnity
- Philadelphia Indemnity Insurance Co. Pennsylvania
- Phishing
- Physical Alteration
- physical damage
- Physical Injury
- Physical Loss
- Physical Loss or Damage
- PICC Property and Casualty Company Limited Suzhou Branch
- Piggly Wiggly
- Pilkington North America Inc.
- Pipeline
- Pitzer College
- Pizza Hut
- Places of Public Accommodations
- Plain Language
- Plaistow Project LLC
- Plantation Pipe Line Company
- Plantation Pipeline
- Platinum Management
- Plausibility
- Players Disability Insurance
- Pleading
- Pleading Standard
- Plitt
- Point-of -Sale
- Policy
- Policy Application
- Policy Buyback
- Policy Construction
- Policy Interpretation
- Policy Interpretation Principles
- Policy Limit
- Policy Limits - Bad Faith
- Policy Limits Demands
- Policy Premium Payment
- Policy Release
- Policy Renewals
- Policy Terms
- Policy Wording
- Policy-Language Exception
- Policyholder
- Policyholders
- Political News
- Political Risk Insurance
- Political Risks Insurance Policy
- Pollutant
- Pollution
- Pollution Condition
- Pollution Exclusion
- Pollution Liability
- Ponzi Scheme
- Port Authority
- Portal Healthcare
- Posco Daewoo
- Post-Close Dispute
- Post-judgment Interest
- Potential for Coverage
- Potentiality
- Potentiality Rule
- Potentially Covered
- Poultry Farm
- Poultry Industry
- Poway Academy
- Power
- Power Cell LLC
- Power Loss
- Power of Grace
- Power Outage
- PPLI
- PPP
- Practicable
- Practical Law Q&A Guide
- Pre-Judgment Interest
- Pregnant
- Prejudice
- Preliminary Injunction
- Premises Pollution Liability Insurance
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- Premiums
- PRI
- Primary Insurance
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- Principal Solutions
- Principal Solutions Group
- Principle Solution Group LLC
- Principle Solutions
- Prior Acts
- Prior And Pending
- Prior Consent/Consent To Settle
- Prior Insurance Provision
- Prior Knowledge
- Prior Knowledge Exclusion
- Priority of Coverage
- Privacy
- Privacy Breach
- Privacy Insurance
- Private Company
- Private Equity
- Private Power
- Privilege
- Privilege Protection
- Pro Bono
- Pro Rata
- ProBuilders Specialty Insurance
- Product
- Product Contamination
- Product Contamination Coverage
- Product Defect
- Product Disparagement
- Product Liability
- Product Manufacturer
- Product Recall
- Product Safety
- Product-Completed Operations Hazard
- Products
- Products Liability
- Products-Completed Operations Hazard
- Professional Excellence Award
- Professional Liability
- Professional Liability/E&O
- Professional Malpractice
- Professional Services
- Professional Services Exclusion
- Professional Services Policy
- Professional Sports
- Professional Sports Insurance
- Professionalliability
- Progressive Casualty Insurance
- Prop. 65
- Property
- Property Coverage
- Property Damage
- Property Insurance
- Property Management
- Property Manager
- Property Policies
- Prophet Equity
- Proportional
- Proposition 64
- Proposition 65
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- Protecting Insurance
- Protection Plus
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- Proximate Causation
- Proximate Cause
- PRP letter
- Prudential
- Public Access
- Public Authority
- Public Entity
- Public Policy
- Public Safety Orders
- Publication
- Published Information
- Puerto Rico
- Punitive Damages
- punitive wrap insurance
- Quality Sausage Co. LLC
- Quantification
- Queensridge Towers LLC
- Qui Tam
- R&W
- R&W Coverage
- R-T Specialty
- R.T. Vanderbilt
- R.T. Vanderbilt Co. Inc.
- Rachel E. Hudgins
- Rachel Hudgins
- Racing Accident
- Railroad Liability
- Randy S. Parks
- Rankings
- Ransom and Extortion
- Ransomware
- Ransomware Attacks
- Ransomware Policies
- Rapid-American
- Ravenswood
- Ray Duerr Logging
- real estate
- Real Estate Investment Trust
- Real Property
- Reasonable Expectation
- Reasonable Interpretation
- Reasonable Investigation
- Reasonable Settlement
- Reasonableness
- Recall
- Recall Coverage
- Recall Insurance
- Recall Roundup
- Recalled Product Exclusion
- Recalls
- Receivership
- Reconsideration
- Recoupment
- Recoverable Damages
- Reformation
- Refunds
- Registered Agent
- Regulation
- Regulations
- Regulatory
- Regulatory Coverage
- Regulatory Investigation
- Regulatory Investigations
- Reimbursement
- Reinsurance
- Reinsurance Accepted Amount
- Reinsurance Limits
- REIT
- Related
- Related Acts
- Related Claim
- Related Claims
- Relief and Economic Security Act
- Relitigate
- Relocation
- Remand
- Remediation
- Remediation Costs
- Removal Insurance
- Renewal
- Renewals
- Rensselaer
- Renters Insurance
- Repair Expenses
- repairs
- Replacement Cost
- Replacement Expenses
- Reporting Requirements
- Representations & Warranties
- Representations and Warranties
- Reps & Warranties
- Reps and Warranties
- Reputational Harm
- Rescission
- Reservation of Rights
- Residential Insurance
- Restatement
- Restatement of the Law
- Restitution
- Resulting Directly
- Retail
- Retail Year in Review
- Retention
- Retrac
- Retroactive Date
- Return of Funds
- Revco D.S. Inc.
- Rewards
- Richardo Lara
- Riddell
- Ride-Sharing
- Ridesharing
- Ridley Park Fitness
- Right of Privacy
- Right of Publicity
- RIMS
- RIMS Atlanta Chapter
- Ringling Bros. Barnum and Bailey
- Riot
- Ripeness
- Ripple
- Ripple and Zcash
- Rising Stars
- Risk
- Risk Insurance
- Risk Management
- Risk Management Magazine
- Risk Mitigation
- Risk Modeling
- RISKWORLD
- RLI
- Robert Pepper
- Robert W. Hughes
- Rockefeller University
- Roger Clemens
- Rolling Stones
- RollingStone
- Romantik Seehotel Jaegerwirt
- Rookie of the Year
- Roses 1 LLC
- RSUI Indemnity Co.
- Rule 26
- Runoff
- Runoff Coverage
- RWI
- Ryan A. Glasgow
- S.A. de C.V.
- S.B.C. Flood Waste Solutions Inc. f/k/a Flood Waste Solutions Inc.
- Saddleback Inn
- SAFE Banking Act
- SAFETY Act
- Sales Practice Risks
- Salmonella
- Same Condition
- San Antonio Fire & Police Pension Fund and Fire & Police Health Care Fund
- San Jose
- Sanctions
- Sanders v. Illinois Union Insurance Co.
- Sandersville Railroad
- Santam Hollard Insurance Company
- Sapa Extrusions Inc.
- SARS-CoV-2
- Saudi Arabia
- SBS Insurance
- Scapa Dryer Fabrics
- Schleicher & Stebbins Hotels LLC
- Schneider Electric
- Schur
- Scope Of Coverage
- Scott Kimpel
- Scottsdale Insurance Co.
- Scottsdale Insurance Company
- SDNY
- Seattle Times Company
- Sebo
- SEC
- Second Circuit
- Second-Guess
- Secondary Evidence
- Section 2802
- Section 533
- Secura
- Secura Insurance
- Securities
- Securities and Exchange Commission
- Securities Claim
- Securities Claims
- Securities Law
- Securities Lawsuits
- Securities Liability
- Securities Litigation
- Securities Regulation
- Securities Violations
- Security Breach
- Security Failure
- Securityroundtable.org
- Seguros Afirme
- Selective
- Selective Insurance Company of America
- Selective Way Insurance Company
- Self-Insured
- Self-Insured Retention
- Separation of Insureds
- Service Interruption
- Service of Process
- Service Provider
- Settlement
- Seung Park
- Seventh Circuit
- Sexual Abuse
- Sexual Assault
- Sexual Harassment
- Sexual Misconduct
- SFBJ Influential Business Women
- Shannon Shaw
- Shareholder Actions
- Shareholder Lawsuits
- Shareholder Liability
- Shareholder Litigation
- Shareholder Suit
- Shareholder Suits
- Sharing Economy
- Shawn Flood
- Shawn P. Regan
- Sheraton Hotels & Resorts
- Shipping
- shoes
- Shooting
- Side A Coverage
- Sideco
- SIFI
- Silent Cyber
- single occurrence
- SIR
- SITW
- Sixth Circuit
- Skyjet
- Slice
- Slogan
- Smart Contracts
- Smartphone
- Smith Drug Company Inc.
- Smoke
- Snap Removal
- sneaker culture
- Sneakers
- Social Distancing
- Social Engineering
- Social Engineering Scheme
- Social Media
- Software
- Solera Holdings Inc.
- Something In The Water
- Sompo Japan Insurance Company of America
- SonicWall
- Sonoma
- Sony Corp.
- Sout Risius Ross Inc.
- South Africa
- South Carolina
- South Carolina Law
- South Florida Business Journal
- Southern California Pizza Co.
- Southern District of New York
- Southern Owners Insurance
- Southern Trust Insurance Company
- Southern-Owners Insurance Company
- Sovereign
- SP Plus
- Sparta Insurance Co.
- Special Hazard Endorsement
- Specific versus General
- Spoliation
- Spoof Email
- Spoofing
- Sports
- Sports & Entertainment
- Sports Injuries
- Sports Injury
- Spring Window Fashions LLC
- Springpoint
- Sr.
- SS&C
- SS&C Technology Holdings Inc.
- St. Paul
- St. Paul Fire and Marine Insurance Co.
- St. Paul Fire and Marine Insurance Company
- St. Paul Mercury
- St. Paul Mercury Insurance Co.
- Stacking
- Stadium
- Star Insurance
- Stardock Systems Inc.
- Starr Indemnity
- Starr Surplus Lines Insurance Companies
- Starr Surplus Lines Insurance Company
- Starstone Specialty Insurance Company
- State Auto Property and Casualty Insurance Company
- State Farm
- State Farm Lloyds
- State Line Laundry Services
- State of Louisiana
- State-Sponsored
- Statute
- Statute of Limitations
- Statutory Damages
- Statutory Merger
- Statutory Schemes
- Steadfast Insurance Company
- Sterling
- Stock Valuation
- Stone-E-Brick Inc.
- Storm
- Storm Damage
- Storm Loss
- Storm Surge
- Stout Risius Ross LLC
- Stowers
- Stowers Demand
- Strafford
- Strategic
- Strategy
- Strathmore Insurance Company
- Strip Club
- Strip Search
- Structural Alteration
- Studio 417 Inc.
- Subcontractor
- Subcontractors Cyber
- Sublimit
- Subpoena
- Subrogation
- Subsidiary
- Successor Coverage
- Successor Liability
- Successor Rights
- Sudden and Accidental
- Sue and Labor
- Suit Limitations
- Summary Judgment
- Sunoco
- Super Lawyers
- Superfluous
- Superfund
- Supervision
- Supplementary Payments
- Suppliers
- Supply-Chain
- Supreme Court
- Supreme Court of California
- Supreme Court of Texas
- Surety Bond
- Surviving Entity
- Suspension of Operations
- Sweetgreen
- Swiss Re
- Sydney Embe
- Syed S. Ahmad
- T-Mobile Northeast LLC
- T-Mobile USA Inc.
- Tactic Security Enforcement
- Tail Coverage
- talc
- Tangible Alteration
- Tapestry Inc.
- Taps & Bourbon on Terrace LLC
- Target Corp.
- Tax Avoidance
- TCPA
- Telephone Consumer Protection Act
- Television
- Tenants and Neighbors Provision
- Tender of Policy Limits
- Tennessee Supreme Court
- Terrorism
- Terrorism Insurance
- Terry Bollea
- Tesco
- Texas
- Texas Insurance Code
- Texas Insurance Law
- Texas Prompt Payment of Claims Act
- Texas Supreme Court
- Texting
- Thailand
- The Cincinnati Insurance Co.
- The Cincinnati Insurance Company
- The Great Recession
- The National Black Lawyers Top 40 Under 40
- The National Law Review
- The North River Insurance Company
- The Traveler's Property Casualty Company of America
- The Travelers Indemnity Company of Connecticut
- The Wattles Company
- Thee Sombrero Inc.
- Theft
- Third Circuit
- Third Party
- Third Party Beneficiary
- Third Party Liability
- Third-Party
- Third-Party Consultants
- Third-Party Coverage
- Third-Party Insurance
- Third-Party Property
- Thomas F. Segalla Service Award
- Thruway
- Time Element
- Timely Notice
- Timothy Monahan
- Title III
- Title Insurance
- TNCs
- Tobacco
- Todd Clem
- Token
- Tom Taylor
- Top 50 Women's List
- Top Insurance Cases
- Top Insurance Ruling
- Tort Reform
- Tourism
- Toxic Chemicals
- Toxics
- Trade Dress
- Trade Secret
- Trademark
- Trademark Infringement
- Transatlantic
- TransCanada
- Transfer
- Transportation
- Travel Insurance
- Travelers
- Travelers Casualty & Surety
- Travelers Casualty and Surety Company
- Travelers Casualty and Surety Company of America
- Travelers Casualty Insurance Company of America
- Travelers Property Casualty Company of America
- Treasure Island LLC
- Treble Damages
- Trevor Maynard
- Trial Record
- Triconex
- Trigger
- Trigger of Coverage
- Triton
- Trucking Liability
- Turbine
- Twin City Fire Ins. Co.
- Twin City Fire Insurance Company
- Twombly
- U.S Department of Health and Human Services
- U.S. District Court for the Eastern District of Virginia
- U.S. Environmental Protection Agency
- U.S. Fire Insurance Co.
- U.S.D.C. Western District of Texas
- Uber
- UK
- Ultimate Net Loss
- Umbrella
- Umbrella Coverage
- Umbrella Insurance
- Umbrella Liability
- Umbrella Policy
- Unavailability Exception
- Unavailability of Insurance
- Under 40 Hotlist
- Underinsured
- Underlying Adjudication
- Underwriters and Lloyd's
- Underwriters at Lloyd's London
- Underwriting
- Underwriting Manual
- Unfair Competition
- Unfair Trade Practices
- Unilateral Settlement
- Uninsurable Loss
- Uninsured Periods
- Uninsured/Underinsured
- Unintended Consequences
- United Church of Marco Island
- United Kingdom
- United Specialty Insurance Company
- United States Court of Appeals for the Ninth Circuit
- United States Fire Insurance Company
- United Water Services Milwaukee
- Universal Cable Productions LLC
- Universal Manufacturing Corp.
- Universal Photonics Inc.
- Universities
- University of New Hampshire Franklin Pierce Law Center’s Alumni CLE Program
- Unjust Enrichment
- Unmanned Aerial Vehicles
- Unmanned Systems
- Up and Coming Lawyers
- Upper Deck Co.
- Upper-Layer Policies
- UPS
- Uriel A. Mendieta
- US Department of Justice (DOJ)
- US News & World Report
- US Securities and Exchange Commission
- US Supreme Court
- USAA
- USAA Texas Lloyd's Co.
- Utilities
- utility
- Vacate
- Valuation
- Vandalism
- Vendor Service Agreement
- Vendors
- Venmo
- Venue
- Veolia Water Milwaukee
- verdicts
- VEREIT Inc.
- Vermont Supreme Court
- Vertical Exhaustion
- Very Good Touring Inc.
- Vibram
- Viking Pump
- Vineyard
- Violation of Law Exclusion
- Virginia
- Virginia Beach
- Virginia Court of Appeals
- Virginia Lawyer Magazine
- Virginia Lawyers Weekly
- Virus
- Virus Exclusion
- Voluntary Parting
- Voluntary Recall
- Voss
- W. Jeffery Edwards
- Wage and Hour
- Wage and Hour Exclusion
- Wage-And-Hour
- Waiver
- Wall Street Journal
- Walmart
- Walter J. Andrews
- Wanda Kaye Lancaster
- War
- War Exclusion
- Wardlaw Claims Service Inc.
- Warlike
- WARN Act
- Warren Pumps
- Washington
- Washington DC
- Washington DC 2018 Top 100
- Washington Post
- Washington Supreme Court
- Watson Laboratories Inc.
- Watson Pharma Inc.
- Watson Pharmaceuticals Inc.
- Wayne Mutual
- weather-related cancellation
- Weather-Related Losses
- Weatherby-Eisenrich Inc.
- Webinar
- Website Accessibility
- Well Blowout
- West Bend Mutual
- West Bend Mutual Insurance Company
- West Virginia
- Westchester Fire Insurance Co.
- Westchester Fire Insurance Company
- Western Litigation Inc.
- Western Truck Insurance Services Inc.
- Western World Insurance Company
- Westfield Insurance Company
- Westlaw
- Westlaw Journal: Computer and Internet
- Whaling
- Whistleblower
- White Pine Insurance Company
- Wilderness Oaks Cutters LLC;
- Wildfire
- Wildfire Insurance Coverage Series
- Wildfires
- Wiley Rein
- Willful Misconduct Exclusion
- Willfulness
- William P. White Racing Stables
- Willis Re
- Wind Damage
- Windstorm
- Windstorm Insurance
- Wine
- Wing
- Winter Storm Uri
- Wire Transfer
- Wisconsin
- Wisconsin Supreme Court
- Withdraw
- Women in Business Law Awards 2021
- Women's Bar Association
- Women’s Bar Association of DC
- Work Product Doctrine
- Workers' Compensation Insurance
- Workplace
- World Trade Center
- Written Consent and Cooperation
- Wrongful Act
- Wrongful Acts
- Wrongful Death
- Wrongful Employment Practices
- Wuhan
- Xia
- XL Catlin
- XL Insurance America Inc..
- XL Insurance Company Ltd.
- XL Specialty Insurance Co.
- Xytex Tissue Services LLC
- Yahoo
- Yahoo Inc.
- Yahoo!
- Yaniel Abreu
- Yates Memo
- Year In Review
- Young Lawyers Network Leadership Council
- Your Product Exclusion
- Your Work Exclusion
- Zeig
- Zenith Aviation
- Zero Day
- Zeus Battery Products
- Zika
- Zurich
- Zurich America Insurance Company
- Zurich American
- Zurich American Insurance Company
Authors
- Yaniel Abreu
- Veronica P. Adams
- Syed S. Ahmad
- Walter J. Andrews
- Jorge R. Aviles
- Lawrence J. Bracken II
- Olivia G. Bushman
- Lara Degenhart Cassidy
- Casey L. Coffey
- Christopher J. Cunio
- Andrea DeField
- Scott P. DeVries
- Mayme Donohue
- Latosha M. Ellis
- Geoffrey B. Fehling
- Philip M. Guffy
- Jae Lynn Huckaba
- Rachel E. Hudgins
- Yosef Itkin
- Kevin W. Jones
- Andrew S. Koelz
- Charlotte Leszinske
- Michael S. Levine
- Lorelie S. Masters
- Patrick M. McDermott
- Leah B. Nommensen
- Justin F. Paget
- Alex D. Pappas
- Christopher M. Pardo
- Adriana A. Perez
- Matthew J. Revis
- Madison W. Sherrill
- Elizabeth L. Sherwood
- Kevin V. Small
- Cary D. Steklof
- Nicholas D. Stellakis
- Koorosh Talieh
- Javaneh S. Tarter
- Thomas W. Taylor
- Shauna R. Twohig
- Laura Thayer Wagner
- Evan Warshauer
- S. Alice Weeks
- Malcolm C. Weiss
- Alexandrea Haskell Young
- Torrye Zullo