Hunton Insurance Recovery Blog

On August 29, 2017, my colleagues Lawrence J. Bracken, Michael Levine, and Geoffrey Fehling published an article in Law360 discussing the Ninth Circuit's recent decision rejecting coverage for the Los Angeles Lakers' director's and officer's (D&O) insurance claim arising from a fan's class action lawsuit under the Telephone Consumer Protection Act (TCPA), based on a broadly-worded invasion of privacy exclusion in the Lakers' D&O insurance policy. A split Ninth Circuit panel held that "[b]ecause a TCPA claim is inherently an invasion of privacy claim, [the insurer] correctly concluded that [the claimant]'s TCPA claims fell under the Policy's broad exclusionary clause." The full article is available here.

From disaster preparedness and workplace safety to autonomous deliveries and performance arts, companies worldwide increasingly rely on drones as a natural extension of their business. Recent Federal Aviation Administration forecasts predict that nearly 4 million drones—over 420,000 of which will be used for commercial operations—will be operating in the U.S. by the year 2021.

On August 22, 2017, a Texas state appellate court panel dismissed a Mexican candy and peanut manufacturer's coverage action against its Mexican insurer and insurance broker due to lack of personal jurisdiction. See Seguros Afirme, S.A. de C.V. v. Elamex, S.A. de C.V., et al., No. 05-16-01465-CV (Tex. Ct. App. filed Aug. 22, 2017); Cooper Gay Martinez Del Rio y Asociados Intermediarios de Reaseguro S.A. de C.V. v. Elamex, S.A. de C.V., et al., No. 05-16-01436-CV (Tex. Ct. App. filed Aug. 22, 2017).

As Texas and other Gulf coast areas make final storm preparations, now is a good time to gather insurance information and policies.  Hunton & Williams attorneys, Michael Levine and John Eichman provide important information in the linked article published by The Texas Lawbook concerning insurance issues that are likely to arise in the storm’s wake, including potentially applicable coverages that could go overlooked without proper guidance.

For more information, please visit our Hurricane Insurance Recovery and Advisory center.

Earlier this month, the Washington Supreme Court reaffirmed coverage for injuries for carbon monoxide, holding that an insurer acted in bad faith when it improperly relied on an absolute pollution exclusion to deny coverage for a lawsuit involving alleged release of carbon monoxide gas inside a home.

As Texas and other Gulf coast areas make final storm preparations, now is a good time to gather insurance information and policies. Hunton & Williams insurance attorneys, Michael Levine and Andrea DeField provide important information in this linked Client Alert concerning insurance issues that are likely to arise in the storm’s wake, including potentially applicable coverages that could go overlooked without proper guidance.

For more information, please visit our Hurricane Insurance Recovery and Advisory center.

A federal judge has ordered an insurer to show cause why he should refrain from dismissing the insurer's case against an NCAA football conference over the availability of insurance for concussion-related lawsuits. Back in May, Great American Assurance Company filed a complaint against Conference USA, seeking a declaration that it need not defend or indemnify the conference against a lawsuit brought by a former football player. In the underlying lawsuit, the former player alleged that he suffered neurodegenerative disorders and diseases, including chronic traumatic encephalopathy ("CTE"), Alzheimer's disease, memory loss, mood swings, headaches, and anxiety stemming from repeated concussive brain impacts he sustained while playing for the University of Louisville. In the coverage action, Great American argues that a Limited Event Coverage endorsement added to Conference USA's policies did not include football as a covered event and therefore the policies do not provide coverage for "bodily injury" arising from football.

Liability insurance policies generally have an exclusion barring coverage for claims brought by the insured’s own employees. Many times, especially in the hospitality industry, a liability insurance policy provides coverage for various different companies. A common question is whether claims brought by an employee of one insured against another insured are covered under such a policy.

Technological advances like 3D printing and “sharing platforms” have increased business risk and, simultaneously, opportunities for risk-shifting between stakeholders. For example, 3D printing has exposed manufacturers to new risks associated with professional, product, IP and workplace liabilities, and the sharing economy (e.g., ride-sharing, home-sharing, car-sharing, etc.) has complicated traditional risk-sharing structures and insurance portfolios.  Attorneys Michael Levine and Andrea DeField discuss the primary issues policyholders need to consider ...

Following a game-ending ankle sprain in Monday night’s loss to the Cleveland Browns, New York Giants receiver Odell Beckham Jr. ("OBJ") announced that he is considering the purchase of a $100 million insurance policy to protect against future injury. The protection does not come cheap – with premium around $600,000, according to a recent news account.  Nevertheless, OBJ apparently is considering the insurance in the event he cannot come to terms with the Giants on a new long-term contract.