Hunton Insurance Recovery Blog

As we have previously written, students accused of hazing can obtain coverage under a parent’s homeowners’ policy. See our prior post. A recent New York decision provides the latest example.

In an article recently featured in FC&S Legal, Hunton & Williams insurance lawyers Syed Ahmad and Patrick McDermott discuss ways to guard against waiver of the attorney-client privilege when cooperating with insurers providing Representations & Warranties insurance coverage. The full article can be found here.

In an article recently featured in FC&S Legal, Hunton & Williams insurance lawyers Syed Ahmad and Patrick McDermott discuss ways to guard against waiver of the attorney-client privilege when cooperating with insurers providing Representations & Warranties insurance coverage. The full article can be found here.

In a recent article published in Internet Retailer, Syed Ahmad, Lorelie (Lorie) Masters, and Katie Miller discuss the risks retailers face when using smartphone-reliant technology and contactless payment systems, including ransomware attacks and other security breaches, and the insurance coverage necessary to address these potential risks.

The calendar may have started anew in 2018, but federal regulators have affirmed that they are still firmly focused on one of 2017’s emerging issues—cryptocurrencies and, more specifically, initial coin offerings (ICO).

In Selective Ins. Co. of the Southeast v. William P. White Racing Stables, Inc. (http://caselaw.findlaw.com/us-11th-circuit/1882819.html), the Eleventh Circuit recently ruled that a liability insurer is not required to defend its insured against a claim for spoliation of evidence.  In the underlying case a jockey, James Rivera, was paralyzed in a racing accident when the horse he was riding suddenly collapsed.  Mr. Rivera sued the race track, Mr. Rivera’s employer, and the horse’s veterinarians, claiming that the horse was not fit to be raced due to the negligence of most of the defendants.  His claims against his employer, White Racing Stables, did not assert negligence but alleged that by failing to preserve the horse’s remains, White Racing had violated Florida’s workers compensation law by failing to investigate and pursue Mr. Rivera’s claims against the other defendants.  He also asserted a claim for spoliation.

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.

A Florida state court has awarded over $5.5 million to singer Gloria Estefan’s hotel company in a lawsuit against Landmark Insurance Company because the insurer wrongly refused to cover building code-related upgrade costs after two 2004 hurricanes, Hurricane Frances and Hurricane Jeanne, severely damaged the hotel property. The case is Pin-Pon Corp. v. Landmark American Ins. Co., No. 312009CA0122-44 (Fla. 19th Cir. Ct. Dec. 28, 2017).

With 2017 now in the rearview mirror, my colleagues Michael Levine, Lorie Masters, and I take the opportunity in this year’s annual review to reflect on the cases and other insurance developments that made the year memorable and will influence coverage decisions and disputes in 2018 and beyond.

Thank you and Happy New Year to all of our readers!

On Wednesday, my colleagues Walter Andrews and Katie Miller published a timely article in Florida’s Daily Business Review discussing the availability of insurance coverage for continuing losses suffered by businesses directly and indirectly affected by Hurricane Irma.  The article, titled After Irma: Is Your Business Entitled to Insurance Coverage for Additional Lost Profits?, has equal application to those affected by Hurricanes Maria and Harvey.  As the article explains, continuing business income losses may be covered under common property insurance policy provisions.  Where they are not, the article provides insightful advice for policyholders as they approach policy renewal so they can fill gaps that may exist in their current coverages.  A copy of the article can be found here.