In an insurance coverage lawsuit brought by 3M Co. and certain of 3M’s wholly owned subsidiaries, including Aearo LLC, the Delaware Superior Court recently ruled that 3M’s payment of litigation costs on Aearo’s behalf do not count toward Aearo’s $250,000 Self-Insured Retention (SIR) contained in several of its legacy policies. This ruling is significant because 3M and Aearo seek, among other things, more than $370 million in defense fees for nearly 300,000 product liability lawsuits consolidated in a multidistrict litigation in the US District Court for the Northern District of Florida and state court in Minnesota. Parent companies, and those looking to acquire, should be aware of legacy policy provisions like those expressly prohibiting satisfaction of an SIR by anyone except the named insured.
The Hawaii Supreme Court emphatically rejected insurer efforts to seek reimbursement of defense costs absent a provision in the policy providing for such reimbursement in St. Paul Fire & Marine Insurance Company v. Bodell Construction Company, No. SCCQ-22-0000658, 2023 WL 7517083, (Haw. Nov. 14, 2023). The state high court’s well-reasoned decision rests on bedrock law regarding insurance policy construction and application, follows the nationwide trend of courts compelling insurers to satisfy their contractual obligations in full, and should carry great weight as other jurisdictions continue to debate the same issue.
Major sneaker brands have capitalized on new trends in technology and social media to hype sneaker culture. As sneakers become more popular, sneaker collections increase in value, thus increasing financial exposure for collectors and other entities in the sneaker industry. One might first think of theft, authentication, fire, floods, or market valuation as the general risks associated with sneaker collections. But many sneaker companies have made headlines over the past few years with numerous lawsuits against other sneaker companies and entities with issues ranging from traditional patent battles to exhaustive fights against counterfeiters. Often overlooked by collectors and sneaker companies alike, insurance can and does play a critical role in helping both collectors and companies faced with unexpected liability related to sneaker culture.
We recently posted about Nevada becoming the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what is called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit.
Whether an insurer has a right to reimburse defense costs after a finding that it has no duty to defend remains an open question in Georgia. However, in Continental Casualty Co., et al. v. Winder Laboratories, LLC, et al., Case No. 21-11758 (11th Cir. Jul. 13, 2023), the Eleventh Circuit Court of Appeals has weighed in with its prediction on the likely answer. Persuaded by the logic of other jurisdictions that, “wide-ranging reimbursement is necessarily inappropriate in a system—like Georgia’s—that is predicated on a broad duty to defend and a more limited duty to indemnify,” the Eleventh Circuit predicted that, “the Supreme Court of Georgia would follow that logic to adopt a ‘no recoupment’ rule to protect its insurance system.”
Nevada recently became the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what’s called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit. These provisions are commonly included in errors and omissions (E&O), directors and officers (D&O) and other management liability policies. This is in contrast to other policies, most commonly commercial general liability policies, which provide defense “outside of limits” where defense costs do not reduce the policy’s limit.
Directors and officers should take note of a recent decision from the US Bankruptcy Court for the Southern District of New York concerning access to D&O insurance policy proceeds. In In re SVB Financial Group, Case No. 23-10367 (Bankr. S.D.N.Y. May 22, 2023)[1], the Bankruptcy Court found cause to lift the automatic stay to allow directors and officers to access the proceeds of SVB Financial Group’s (“SVB”) directors and officers (“D&O”) insurance policies to pay for legal costs incurred in responding to investigations and defending litigation. Moreover, it declined to impose a “soft cap” on the advance of defense costs.
In what is an unfortunate sign of the times, Springpoint Senior Living, Inc. recently sued its insurers in New Jersey federal court claiming they abruptly stopped covering Springpoint’s defense costs after doing so for nearly a decade. A copy of the complaint can be found here. Springpoint’s allegations are emblematic of a growing trend among insurers taking drastic measures to avoid coverage, which is no doubt in response to the tightening economic conditions and looming recession around the globe.
One of the most valuable aspects of liability insurance is defense coverage, which protects policyholders from significant costs to defend against and litigate claims that may never result in a judgment or settlement. Companies and their directors and officers can incur thousands or even millions of dollars in defending against claims that are resolved long before trial. Even after purchasing robust defense coverage and getting an insurer to defend a claim, however, companies may be surprised when months or even years later the insurer reverses its position and not only withdraws from the defense but also demands repayment of all defense costs paid to date. A recent case, Evanston Insurance Co. v. Winstar Properties, Inc. No. 218CV07740RGKKES, 2022 WL 1309843 (C.D. Cal. Apr. 14, 2022), shows the perils of insurer “recoupment” and underscores the importance of assessing insurer recoupment rights, if any, throughout the claims process.
In 1938, a DuPont chemist’s experiment yielded not—as he first thought—a lumpen, waxy mistake, but a new chemical with remarkable properties: heat-resistance, chemical stability, and low surface friction. Decades of continuing experimentation yielded a class of chemicals with the capacity to make non-stick, water-resistant coatings. In time, these chemicals, per- and polyfluoroalkyl substances (PFASs), would become a major component in thousands of consumer goods: food packaging, non-stick cookware, waterproof clothing, paint, stain-resistant carpets and furniture, and firefighting foams. The discovery of the toxicity of these remarkable chemicals lagged behind the widespread adoption, but eventually yielded a moniker that reflected PFAS’s stability and longevity: “Forever Chemicals.”
The Central District of California recently rejected an attempt by Federal Insurance Company, a Chubb company, to avoid its duty to defend its insureds in an $8.5 million lawsuit with a former employee.
TriPacific Capital Advisors, LLC acquired Directors and Officers (D&O) coverage from Federal and Employment Practices Liability (EPL) coverage from Travelers Insurance Company. While those policies were in effect, a former TriPacific employee sued the company and its president, Geoffrey Fearns, for a variety of employment-related causes of action concerning his termination and compensation. TriPacific and Fearns tendered notice to both insurers, seeking indemnification and defense costs. Both policies contained a duty to defend. While Travelers agreed to defend under a reservation of rights, Federal denied coverage based on multiple grounds, including its policy’s “other insurance” provision, contending that the provision rendered its policy “excess” to the Travelers policy. Federal also argued that TriPacific had not satisfied the D&O policy’s $150,000 self-insured retention and, thus, coverage had not been implicated, in any event. TriPacific maintained that neither the SIR nor the “other insurance” provision pertained to Federal’s duty to defend and brought suit to enforce the duty to defend.
Last month, the US District Court for the District of Connecticut granted an insurer’s motion for summary judgment in the case of Connecticut Municipal Electric Energy Cooperative v. National Union Fire Insurance Company of Pittsburgh, PA, No. 3:19cv839 (JBA), finding that there was no coverage under a directors & officers policy for defense costs associated with responding to a government subpoena. Last week, in line with our commentary, which highlighted several critical flaws in the court’s initial ruling, the court reversed itself and granted reconsideration, finding that there actually is coverage.
A D.C. federal judge recently held that an insurer could be responsible to a TV station for more than $25 million in an underlying malpractice suit where the insurer failed to send timely notice preserving its rights under the policy in violation of a Virginia statute.
Deciding that certain damages claimed by the underlying case plaintiff were covered “Loss” under a professional services policy, the Eleventh Circuit determined that AEGIS must pay to defend a Georgia landlord in a class action for wrongful failure to return tenants’ security deposits under O.C.G.A. § 44-7-35(c). The policy defined “Loss” as “a compensatory monetary amount for which the Insured may be held legally liable, including judgments . . . awards, or settlements,” but specifically excluded:
The Ohio Court of Appeals on June 24 enforced liability insurance for a company that had distributed opiates, finding that the insured had a duty to defend the insured in lawsuits filed by government agencies and pending in the Opioid Multidistrict Litigation. Acuity v. Masters Pharm., No. C-190176 (Ohio Ct. App. June 24, 2020). A unanimous three-judge panel overturned a trial court decision that had accepted arguments of insurers that, because the underlying suits were brought by government entities seeking to recover for “their own economic loss,” the damages sought did not qualify as “damages because of or for a ‘bodily injury.’” Relying on the Seventh Circuit’s decision in Cincinnati Ins. Co. v. H.D. Smith, L.L.C., 829 F.3d 771 (7th Cir. 2016), the Court of Appeals acknowledged that “[t]he governmental entities are seeking their own economic losses,” but concluded that some losses at issue “(such as medical expenses and treatment costs) are arguably ‘because of’ bodily injury,” bringing policyholder claims “potentially within the policies’ coverage.” Slip op. ¶ 30. The trial court thus had erred in finding that the insurer had no duty to defend in the underlying opioid cases.
The Fourth Circuit recently held that an insurance company was obligated to cover millions in legal fees incurred in defending an employment suit against the owners of DARCARS, a DC-area based car dealership. The court ruled that the relevant policy exclusion was ambiguous and, as a result, construed the exclusion narrowly against the insurer and in favor of coverage.
In responding to a certified question from the Fifth Circuit in Richards v. State Farm Lloyds, the Texas Supreme Court held that the “policy-language exception” to the eight-corners rule articulated by the federal district court is not a permissible exception under Texas law. See Richards v. State Farm Lloyds, 19-0802, 2020 WL 1313782, at *1 (Tex. Mar. 20, 2020). The eight-corners rule generally provides that Texas courts may only consider the four corners of the petition and the four corners of the applicable insurance policy when determining whether a duty to defend exists. State Farm argued that a “policy-language exception” prevents application of the eight-corners rule unless the insurance policy explicitly requires the insurer to defend “all actions against its insured no matter if the allegations of the suit are groundless, false or fraudulent,” relying on B. Hall Contracting Inc. v. Evanston Ins. Co., 447 F. Supp. 2d 634, 645 (N.D. Tex. 2006). The Texas Supreme Court rejected the insurer’s argument, citing Texas’ long history of applying the eight-corners rule without regard for the presence or absence of a “groundless-claims” clause.
In a prior post, we predicted that novel coronavirus (COVID-19) risks could implicate D&O and similar management liability coverage arising from so-called “event-driven” litigation, a new kind of securities class action that relies on specific adverse events, rather than fraudulent financial disclosures or accounting issues, as the catalyst for targeting both companies and their directors and officers for the resulting drop in stock price. It appears that ship has sailed, so to speak, as Kevin LaCroix at D&O Diary reported over the weekend that a plaintiff shareholder had filed a securities class action lawsuit against Norwegian Cruise Line Holdings, Ltd. alleging that the company employed misleading sales tactics related to the outbreak.
Hunton Insurance partners Syed Ahmad and Michael Levine were interviewed by Law360 for its year-end article discussing the top insurance rulings in 2019, for their insights on two of the year’s biggest insurance decisions.
The Seventh Circuit held last week that a manufacturer’s insurer must cover its insured, a designer and builder of anaerobic digesters, under its errors and omissions policy for claims alleging breach of contract, despite an exclusion in the policy for claims arising out of the breach of an express or oral contract. The decision in Crum & Forster Specialty Insurance Company v. DVO, Inc., No. 18-2571 (7th Cir. Sept. 23, 2019), illustrates the practical application of policy construction to avoid what would otherwise amount to an illusory promise of coverage.
In an insurance coverage action pending in the S.D.N.Y., Hunt Construction Group (Hunt) contends that Berkley Assurance Company wrongfully denied defense coverage for claims arising out of the renovation of Hard Rock Stadium (home to the Miami Dolphins and Miami Hurricanes football teams).
A Massachusetts federal court ruled last week that Allied World Insurance Co. must pay for a Boston law firm’s defense of counterclaims asserted against it in a lawsuit over, among other things, the proper ownership of client files and materials.
On August 6, 2019, Hunton Andrews Kurth insurance lawyers Walter J. Andrews and Daniel Hentschel discussed the effect of eroding insurance policies in an article appearing in Florida’s Daily Business Review. The full article is available here. In the article, the authors discuss the potential risks associated with the use of eroding insurance policies and the obligations that the use of such policies imposes upon insurance companies based on their control over the policyholder’s liability defense ...
A Delaware court held that an appraisal action, which includes $39 million in attorneys’ fees, prejudgment interest, and costs incurred in defending litigation that arose out of Solera Holdings Inc.’s acquisition by Vista Equity Partners LP, constitutes a covered “securities claim” under Solera’s directors and officers liability insurance policy.
The Wisconsin Supreme Court held last week in Steadfast Ins. Co. v. Greenwich Ins. Co. that two insurers must contribute proportionally to the defense of an additional insured under their comprehensive liability policies.
The Texas Supreme Court has reversed a lower appellate court decision and found that insurers of Anadarko Petroleum Corp. cannot use their own policy wording to avoid coverage for more than $100 million of Anadarko’s defense costs stemming from the 2010 Deepwater Horizon disaster. Law360 interviewed Hunton’s Sergio F. Oehninger about the substantial impact the decision will have for policyholders in Texas and elsewhere. Oehninger explained how the decision corrects fundamental errors by the lower court in the construction of insurance policies and how it illustrates the proper way to construe words chosen by the insurer that operate to limit or preclude coverage. In the Anadarko matter, the London market policy contained a “joint venture” provision that capped joint venture liabilities at $37.5 million. The insures applied the cap after paying that amount to Anadarko. The Texas Supreme Court rejected the insurers’ argument and the decision of the court below, finding that the joint venture provision applies only to “liabilities” – that is, amounts Anadarko becomes legally obligated to pay to a third party. Defense costs, in contrast, are not amounts paid to a third party and, thus, are not “liabilities” within the context of the joint venture provision. The Court also drew on other policy provisions to support the distinction, including provisions that specifically refer separately to “liabilities” and “defense expenses.” “The Texas Supreme Court’s reversal of the appellate panel’s ruling serves as a clear pronouncement of both insurance policy construction rules and proper appellate review in Texas,” Oehninger said. “In this regard, the Supreme Court’s opinion serves to ‘right the ship’ and bring Texas case law back in line with precedent.”
Summary
Reversing a Texas Court of Appeals decision that allowed Anadarko’s Lloyd’s of London excess insurers to escape coverage for more than $100 million in defense costs incurred in connection with claims from the Deepwater Horizon well blowout, the Supreme Court of Texas held that the insurers’ obligations to pay defense costs under an “energy package” liability policy are not capped by a joint venture coverage limit for “liability” insured. Anadarko Petroleum Corp. et al. v. Houston Casualty Co. et al., No. 16-1013 (Tex. Jan. 25, 2019).
Policyholders facing any type of products liability scored a win in a recent decision from the District Court for the Northern District of Illinois. The court found that an insurance company must defend its insured against claims arising out of a recall while simultaneously funding the insured’s affirmative claims for recovery.
In Zurich American Insurance Co. v. Don Buchwald & Associates, Inc., 2018 N.Y. Slip. Op. 33325(U) (Sup. Ct. N.Y. County, Dec. 21, 2017), the Supreme Court of New York held that Zurich was obligated to defend a talent and literary agency against claims brought by Hulk Hogan alleging that the agency aided and abetted one of its agents—Tony Burton—in publishing racist and sexual footage of Hulk Hogan online. The decision also gives ammunition to policyholders seeking to recover their fees incurred while litigating against an insurer’s improper denial of coverage. The court found that the insureds had “been cast in a defensive posture” due to the insurer’s claims seeking a declaratory judgment, and that this justified a fee-shifting award.
A Georgia Court of Appeals judge recently ruled that Scapa Dryer Fabrics was entitled to $17.4 million worth of primary coverage from National Union Fire Insurance Company of Pittsburgh, PA for claims of injurious exposure to Scapa’s asbestos-containing dryer felts. Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Scapa Dryer Fabrics, Inc., No. A18A1173, 2018 WL 5306693, at *1 (Ga. Ct. App. Oct. 26, 2018). Scapa sought coverage under five National Union policies issued from 1983–1987. The 1983, 1984 and 1985 National Union policies had limits of $1 million per occurrence and $1 million in the aggregate. The liability limits for the 1986 and 1987 renewal policies were amended by endorsement to $7.2 million. Scapa sought to recover the full $17.4 million from all five policies. National Union argued that a “Non-Cumulative Limits of Liability Endorsement” in the 1986 and 1987 policies limited Scapa’s recovery to only $7.2 million. Scapa sued National Union and its sister company, New Hampshire Insurance Company (from which Scapa purchased excess liability coverage), in Georgia state court.
The Massachusetts Supreme Judicial Court recently construed the undefined term “advertising idea” in a case of first impression in the Commonwealth, holding that a footwear company’s insurers must provide a defense against an underlying claim alleging unfair use of a former Olympian’s name to promote a line of running shoes.
On Monday, a Nevada federal court held that U.S. Fire Insurance Co. (“U.S. Fire”) need not cover its insured, CP Food and Beverage, Inc. (“CP”), a strip club, under its commercial crime policy for a scheme perpetrated by its own employees that resulted in the theft of money from CP customers. A copy of the decision can be found here.
There was nothing ambiguous in former U.S. Supreme Court Justice David Souter’s ruling in AIG Property Cas. Co. v. Cosby, No. 17-1505 (1st Cir. June 7, 2018), where, sitting by designation, Justice Souter ruled that AIG Property and Casualty Co. (“AIG”) must defend Bill Cosby in suits brought by eight women alleging that Cosby defamed them after they accused him of sexual misconduct. Cosby held two insurance policies issued by AIG: a homeowner’s policy and a personal excess liability policy (the “umbrella policy"”). Under each policy, AIG has a duty to “pay damages [Cosby] is legally obligated to pay [due to] personal injury or property damage caused by an occurrence covered[] by this policy anywhere in the world . . . .” Both policies define “personal injury” to include “[d]efamation” and require AIG to pay the cost of defending against suits seeking covered damages. Both policies also contain so-called “sexual misconduct” exclusions. The homeowner’s policy’s exclusion bars coverage for liability or defense costs “arising out of any actual, alleged[,] or threatened . . . [s]exual molestation, misconduct or harassment[,] . . . or . . . [s]exual, physical or mental abuse.” The umbrella policy contained similar wording. However, that policy also contained another “sexual misconduct” exclusion under the “Limited Charitable Board Directors and Trustees Liability” coverage part. That exclusion applied more broadly to claims for damages “[a]rising out of, or in any way involving, directly or indirectly, any alleged sexual misconduct” (emphasis added).
Two recent decisions addressing allocation of long-tail liabilities demonstrate that resolution of the issue under New York law depends upon the policy language at issue. Judge-made rules on “equity” and “fairness” do not control. As the New York Court of Appeals held on March 27, 2018, in Keyspan Gas East Corp. v. Munich Reinsurance America, Inc., 2018 WL 1472635 (2018), under New York law, “the method of allocation is covered for most by the particular language of the relevant insurance policy.” Both Keyspan and the April 2, 2018 decision in Hopeman Brothers, Inc. v. Continental Casualty Co., No. 16-cv-00187 (E.D. Va. Apr. 2, 2018), by the United States District Court for the Eastern District of Virginia, illustrate the importance of reviewing insurance policies - both before purchase, to ensure that they contain optimal language for coverage; and after claims arise, to ensure that the policyholder receives the benefit of insurance coverage under “legacy” and all other potentially applicable policies.
A federal court in New Jersey recently held that the construction of an ambiguous policy term is not a matter suitable for judgment on the pleadings, thus denying AIG from avoiding coverage for a $67 million antitrust settlement. Rather, the only way to establish the meaning of an ambiguous term, the court explained, is to ascertain the intent of the parties, which requires “meaningful discovery.”
The Eleventh Circuit, in Mid-Continent Casualty Co. v. Adams Homes of Northwest Florida, Inc., No. 17-12660, 2018 WL 834896, at * 3-4 (11th Cir. Feb. 13, 2018) (per curiam), recently held under Florida law that a homebuilder’s alleged failure to implement a proper drainage system that allowed for neighborhood flooding triggered a general liability insurer’s duty to defend because the allegations involved a potentially covered loss of use of covered property.
A recent ruling by U.S. District Judge Paul Byron of the Middle District of Florida has made clear that the actual words used in an insurance contract matter. The court, in Mt. Hawley Insurance Co. v. Tactic Security Enforcement, Inc., No. 6:16-cv-01425 (M.D. FL. 2018), denied an insurance company’s motion for summary judgment attempting to rely on an exclusion to deny coverage to its policyholder. The policyholder, Que Rico La Casa Del Mofongo, operated a restaurant establishment in Orlando, Florida, and sought coverage for two negligence lawsuits filed against it for allegedly failing to prevent a shooting and another violent incident on its premises.
Hunton & Williams insurance partner, Syed Ahmad, was quoted twice in Law360 concerning significant insurance cases to watch in 2018. On January 1, 2018, Ahmad noted that Pitzer College v. Indian Harbor Insurance Co., pending in the California Supreme Court, “can be significant for coverage disputes in California because the California rule could override the law of the state that would apply otherwise, even if the parties agreed to another state’s law governing," On January 9, 2018, Ahmad was again asked by Law360 to comment on key D&O cases that will likely be decided in 2018. Ahmad noted that in Patriarch Partners LLC v. Axis Insurance Co., pending in the Second Circuit Court of Appeals, Patriarch's appeal presents an unusual situation in which a policyholder is arguing that various developments in an ongoing SEC investigation don't constitute a claim under a D&O policy, in order to avoid the application of an exclusion. In other circumstances, it may be favorable for a policyholder to assert that a preliminary step in an SEC probe is a claim, so as to maximize coverage. According to Ahmad, the district court didn't fully address how, in the context of the specific policy language at issue, a non-public order by the SEC could qualify as a claim. "As Patriarch argues, 'until an agency makes a demand upon the target under legal compulsion, there may be no way for a policyholder to even know that it is being investigated, that an order authorizing investigation has been issued against it or what the order of investigation says,'" Ahmad said, quoting from Patriarch's appellate brief.
In an article appearing in Law360, Hunton & Williams insurance partner, Michael Levine, weighs in on Office Depot’s pending Ninth Circuit appeal of a district court ruling that Office Depot is not entitled to coverage for a California False Claims Act case alleging that the office supply chain overbilled public agency customers. The decision is premised on a finding that California Insurance Code Section 533 — which precludes coverage for a policyholder's willful acts — applies to the entire underlying CFCA action, including allegations of reckless and negligent conduct. ...
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 the wording of the parties' merger agreement structuring the transaction in accordance with the New Jersey Business Corporation Act ("NJBCA").
A Georgia district court recently denied an insurer's attempt to recoup defense costs, holding that even where the court previously determined that coverage was barred under the policy's pollution exclusion, the insurer could not "rewrite the record" or clarify its "defective" reservation of rights letters to show that it fairly informed the policyholder of its coverage position, which is a prerequisite to recoupment of defense costs.
In recent months, insurers have increasingly used New York rescission law as a means to not only deny coverage for specific claims, but also to void any protection an insurance policy may provide for other losses down the road. For example, H.J. Heinz Company recently found itself without coverage for a $30 million recall after its insurer rescinded its policy based on a misrepresentation in Heinz’s insurance application. In an article for FC&S Legal, Syed S. Ahmad, Tae Andrews, and Kelly Oeltjenbruns analyze recent rescission claims and illustrate the dangerous exposure—and ...
My partner, Walter Andrews, recently commented in a Law360 article concerning the top insurance cases to watch in 2017. The Law360 article, titled Insurance Cases to Watch in the 2nd Half of 2017, features Andrews commenting on the impact of Global Reinsurance Corp. of America v. Century Indemnity Co., case number CTQ-2016-00005, in the Court of Appeals of the State of New York, where he points out how a win for Global Re could result in a huge windfall for the reinsurer by saving on its defense costs, since reinsurers typically must pay both indemnity and defense costs. Andrews also ...
Private equity investors face unique challenges when procuring or renewing their liability insurance programs. For example, investors typically must complete lengthy applications or sign warranty and representation letters from their prospective insurers that inquire into knowledge by any potential insured as to any acts or omissions that could potentially give rise to a claim. These overbroad and often vague inquiries are problematic for private equity investors who would theoretically have to interview every employee, manager, or director at every subsidiary, fund, and ...
Hunton & Williams' Insurance Coverage lawyers Syed Ahmad, Andrea DeField and Jennifer White were featured in the Firm’s Recall Roundup, where they discuss recent noteworthy decisions on insurance coverage for product recalls:
A panel of the California Court of Appeals, in an unpublished opinion (Stein v. Axis Ins. Co., (Cal. Ct. App., Mar. 8, 2017, No. B265069) 2017 WL 914623), issued March 8, 2017, held that a policy exclusion requiring "final adjudication" did not support a refusal to pay the policyholder's defense costs by Houston Casualty Company (HCC) following a trial court's entry of judgment where the policyholder still could pursue appeal.
On February 22nd, Hunton insurance team partner Syed Ahmad and Mary Borja of Wiley Rein LLP will be speaking at the DC Bar’s CLE program “What Every Litigator Should Know About Insurance and How It May Impact Your Case Strategy.” The two hour class will discuss what steps an insured should take to protect claims, the role of insurance in defending and settling claims, and how to preserve attorney-client privileges. To learn more about the event, please visit: http://bit.ly/2k8SCQT.
Date and Time:
Wednesday, February 22, 2017 from 6 pm to 8:15 pm
Location:
D.C. Bar Conference ...
A California appellate court held on Tuesday in Navigators Specialty Ins. Co. v. Moorefield Constr., Inc., 2016 WL 7439032, __ Cal.Rptr.3d __ (Dec. 27, 2016), that a general liability insurer must cover amounts paid as attorneys’ fees in an underlying settlement even where no duty to indemnify was owed under the policies. The coverage was required under the policies’ Supplementary Payments provision – an often overlooked and underutilized section of the CGL policy that can be of significant value to policyholders.
Congratulations, your cracker-jack defense team just won the underlying case. They also just lost your insurance coverage and you now must repay millions of dollars of defense costs. Seem odd? Not according to the Second Circuit in Petroterminal de Panama, S.A. v. Houston Cas. Co., No. 15-2941-cv (2d Cir., Sept. 8, 2016).
Earlier today, FC&S Legal published an article by Hunton & Williams insurance lawyers Mike Levine and Matt McLellan, discussing the Seventh Circuit’s recent decision in Cincinnati Ins. Co. v. H.D. Smith, LLC , in which the court held that a general liability insurer must defend a West Virginia pharmaceutical distributor in litigation brought by the State of West Virginia alleging it had contributed to an epidemic of prescription drug abuse. The decision is significant for policyholders in West Virginia and elsewhere because it illustrates that the general liability ...
Last week, two blind customers sued Sweetgreen, a D.C.-based salad chain, alleging violations of Title III of the Americans with Disabilities Act of 1990 (ADA) and sections of New York’s Human Rights statute. In the Complaint, the customers claim that Sweetgreen’s online ordering system “prevents blind customers from customizing and placing their orders in the same way as sighted customers can.” Title III prohibits discrimination on the basis of disability at “places of public accommodations,” like restaurants, movie theaters, schools, and recreation facilities. Courts are split about whether “places of public accommodation” are limited to actual physical structures or include websites that are part of an integrated merchandising effort. The tide is pressing toward the broader reading of the statute, emboldened in part by the Department of Justice’s long-awaited website accessibility regulations (now set to be published in fiscal year 2018).
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- Fla. Stat. 626.854(16)
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- Market Professionals
- Marrell A. Jr. Crittenden
- Marsh
- Marsh & McLennan
- Marvin Lumber & Cedar Co.
- Mary Borja
- Maryland Casualty
- Massachusetts
- Massachusetts Bay Insurance Co.
- MasterCard
- Maxum Indemnity Company
- Mayme Donohue
- MBP Collection LLC
- McGinnes
- Mcgraw-Hill
- MDL
- Measure of Damages
- Mechanical Breakdown
- Media Liability
- Media Rights Capital II, LLC
- Medicaid Fraud Investigation
- Medical Liability
- Medical Marijuana
- Medical Pot
- 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
- Microsoft
- Microsoft Office 365
- Mid-Continent
- Mid-Continent Insurance
- Mid-Continent Insurance Company
- Midlothian Enterprises
- Mighty Midgets
- Milnot
- Milwaukee Metropolitan Sewerage District
- Minnesota
- Minority Trial Lawyer Committee
- Minority Trial Lawyer Programming Subcommittee
- Minute Key
- Misconduct Exclusion
- Misrepresentation
- Missing Insurance Policy
- 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
- Montana
- Montrose Chemical Corporation
- Moorefield
- Mortgage Fraud
- Motion to Dismiss
- Motion to Seal
- Motorist
- Mountain Express Oil Company
- Mountaire Farms Inc.
- Mr. Hawley Insurance
- Mudslide
- Multidistrict Litigation
- Multimedia Liability
- multiple occurrences
- Munich
- Munich Re
- Music Festival
- Mutual Mistake
- Mutual Repugnancy
- My Choice Software LLC
- Nakamoto Ltd.
- Napa
- Napoleonic Code
- National Association of Insurance Commissioners
- National Association of Women Lawyers
- National Credit Union Administration Board
- National Fire Insurance Company of Pittsburgh Pa.
- National Ink and Stitch LLC
- National Lloyds Insurance Company
- National Park Service
- National Security Agency
- National Security and Investment Bill
- National Surety Corporation
- National Union
- National Union Fire insurance Company of Pittsburgh PA
- National Union Inusrance Company of Pittsburgh
- NationalUnion
- Nationwide
- Nationwide Property & Casualty Insurance Company
- Navigators
- NAWL
- NBC Universal
- NBCUniversal
- NCAA
- NCUA
- Necessary Parties
- Negligence
- Negligent Hiring
- Negligent Infliction of Emotional Distress
- Negligent Supervision
- Neil K. Gilman
- Neither Expected Nor Intended
- Netadvantage
- Network Outage
- Nevada
- New Hampshire
- New Hampshire Insurance Company
- New Hotel Monteleone
- New Jersey
- New Jersey Business Corporation Act
- New Mexico
- New York
- New York Appellate Division
- New York City Transit
- New York Commercial Division
- New York Court of Appeals
- New York Department of Financial Services
- New York Federal Judge
- New York Guidelines
- New York State Department of Financial Services
- New Zealand Stock Exchange
- Nexusguard
- NFL
- NFT
- NFT Coverage
- NFTs
- NHIC
- NHSTA
- NHTSA
- NIAC
- Ninth Circuit
- NJ
- NJSBA’s Insurance Law Section
- Non-appearance
- Non-Covered
- Non-Cumulation
- Non-Cumulation Provision
- Non-essential Business
- Non-Monetary Relief
- Nonprofit
- Nonprofits Insurance Alliance of California
- Noranda Aluminum Holding Corp.
- Norfolk Southern Railway Company
- Norfolk Truck Center
- Norovirus
- North Carolina
- North River Insurance Company
- Not-for-profit
- Notice
- Notice 2014-21
- Notice of Circumstances
- Notice-Prejudice Rule
- NotPetya
- NSA
- Nuisance
- Number of Occurrences
- NY
- O.C.G.A. § 44-7-35(C)
- O.J. Simpson
- OCC
- Occupational Disease
- Occurrence
- Occurrence Integration
- Occurrence-Based Policies
- 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
- Olympics
- Omission
- On-Demand Insurance
- One Beacon America Insurance Company
- One Beacon American Insurance Company
- OneBeacon
- Online Banking
- Operations
- OPF Enterprises LLC
- Opioids
- Optical Services USA/JC1
- Orders
- Ordinary Disease of Life
- Oroville
- Other Insurance
- Other Insurance Clauses
- Other Insurance Provision
- Otsuka America Inc.
- Out West
- Overvalued Stock
- Owners Insurance Company
- P.F. Chang's
- Pacific Management
- Palestine
- Pamrapo Bancorp
- Pandemic
- Paperweight Development Corp.
- Parametric
- Partnership
- Party Line Arguments
- 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
- Premium
- Premiums
- PRI
- Primary Insurance
- Primary Policy
- 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
- ProSight
- Protecting Assets
- Protecting Insurance
- Protection Plus
- Protective Life Insurance
- 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