Lexology

Recall and Recoup: Georgia Court Denies Insurer’s Early Motion to Escape Contribution Claim Arising from $51 Million Product Recall Coverage Dispute

USA - November 20 2020 A federal judge has denied an insurance company’s motion to dismiss the claims of another insurer seeking reimbursement and contribution for the $15…

COVID-19 Event-Driven Litigation Continues to Sail

USA - November 18 2020 In March, we reported on the initial filing of several securities class action suits arising from the coronavirus pandemic (COVID-19). For example…

Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker

USA - November 17 2020 On November 10, 2020, a New York federal judge dismissed an insurer’s counterclaims seeking to cap its exposure under a $15 million sublimit and an…

Texas Court Treats 124 Separate Food Poisoning Cases as Single “Occurrence”

USA - November 16 2020 In this month’s Recall Roundup on the Hunton Andrews Kurth Retail Law Resource blog, Hunton insurance attorneys Syed S. Ahmad and Geoffrey B. Fehling…

Georgia Court of Appeals Upholds Denial of Coverage Because Insurance Broker Lacked Agency to Accept Premium Payment

USA - November 5 2020 In American Reliable Insurance Company v. Lancaster, the Georgia Court of Appeals reversed the denial of a property insurer’s summary judgment motion…

While OFAC Cautions Cyber Insurers About Facilitating Ransomware Payments, Policyholders Should Ensure They’re Covered

USA - November 3 2020 Is it illegal for an insurer to pay the ransom demanded in a cyber extortion or ransomware attack on its insured? According to the US Department of…

Mitigating FCRA Risk Through Insurance

USA - November 2 2020 As reported in a recent Hunton Andrews Kurth client alert, Mitigating FCRA Risks in the COVID-19 World (Oct. 23, 2020), consumer litigation claims…

PA Judge Takes A Step in the Right Direction Refusing Dismissal of COVID-19 Claim

USA - October 30 2020 In another victory for policyholders, a Pennsylvania judge denied an insurer’s early attempt to avoid coverage for losses arising from the COVID-19…

First Judgment Upholding Coverage for COVID-19 Business-Interruption Losses

USA - October 23 2020 In a resounding victory for policyholders, a North Carolina court ruled that “all-risk” property insurance policies cover the business-interruption…

Insurance Companies Drop Appeal Against the London High Court’s Ruling in the FCA’s “Test-Case”

USA - October 22 2020 As we explained in our earlier post, in a decision that could influence how policyholders and insurers around the world address business-interruption…