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Searching Content indexed under Litigation, Mediation & Arbitration by Michael Levine ordered by Published Date Descending.
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1
Hunton Insurance Recovery Blog: Ambiguous "Occurrence" Language Results In Payment Of Single Deductible Despite Multiple Assaults
The Scott Fetzer Co. v. Zurich American Insurance Co. matter involved a dispute over coverage for sexual assault claims against Fetzer. Three women filed suit against Fetzer,
United States
21 May 2019
2
Hunton Insurance Recovery Blog: Tennessee High Court Excludes Labor Costs From Insurer's Actual Cash Value Depreciation Calculations
The Tennessee Supreme Court has refused to construe an ambiguous definition of actual cash value to allow for deduction of labor costs as part of depreciation
United States
9 May 2019
3
Hunton Insurance Recovery Blog: Fifth Circuit Twice-Addresses Impact Of Master Services Agreement On Subrogation And Arbitrability Issues
On Wednesday, the Fifth Circuit found that Lloyd's syndicates may not subrogate against an additional insured and may not force that additional insured to arbitration.
United States
6 May 2019
4
Hunton Insurance Recovery Blog: Eleventh Circuit Rules That Insurer Must Defend Contractor Despite "Your Work" Exclusion, Where Damage Timing Unclear
The Eleventh Circuit has reversed an insurer's award of summary judgment after finding that uncertainty about when the alleged property damage occurred raised questions about whether the damage came
United States
1 May 2019
5
Insurer's Failed Subrogation Bid Has No Bearing On Merits Of Policyholder's Claim For Recall Damages
A recent First Circuit ruling underscores that a well-negotiated insurance policy can cover claims for which state law has no remedy.
United States
23 Apr 2019
6
Hunton Insurance Recovery Blog: Georgia Supreme Court Holds "Valid Offer" Necessary For Establishing Bad Faith Failure To Settle
The Georgia Supreme Court ruled this week that First Acceptance Insurance Co. need not pay a $5.3 million excess judgment against its insured
United States
27 Mar 2019
7
Hunton Insurance Recovery Blog: Wisconsin High Court Finds Duty To Defend Notwithstanding Fraudulent Conduct Falling Under Knowing Violation Exclusion
The Wisconsin Supreme Court held last week in West Bend Mut. Ins. Co. v. Ixthus Med. Supply, Inc., that West Bend Mutual Insurance Co. ("West Bend") could not escape its duty to defend.
United States
19 Mar 2019
8
The Nickel Report: Texas Supreme Court Holds Anadarko's $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits
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
United States
8 Feb 2019
9
Hunton Retail Law Resource: Defense Owed For Product Recall And Insured's Related Affirmative Claims
Policyholders facing any type of products liability scored a win in a recent decision from the District Court for the Northern District of Illinois.
United States
7 Feb 2019
10
Hunton Insurance Recovery Blog: Wisconsin High Court Rejects Insurer's Misuse Of "Other Insurance" Provision
In 2008, torrential rainstorms battered the Milwaukee area for two days.
United States
7 Feb 2019
11
Hunton Insurance Recovery Blog: Texas Supreme Court Holds Anadarko's $100m Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits
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 ...
United States
6 Feb 2019
12
Hunton Insurance Recovery Blog: New York Appellate Court Expands Policyholders' Ability To Plead And Seek Consequential Damages
In a huge win for policyholders, a New York appellate court, in D.K. Property, Inc. v National Union Fire Insurance Company of Pittsburgh, Pa., held that an insured need not provide a detailed factual description...
United States
30 Jan 2019
13
Hunton Insurance Recovery Blog: Hunton Insurance Recovery Attorneys Discuss Functus Officio Doctrine And Exceptions
The doctrine of functus officio typically sets an arbiter's award in stone: It forbids an arbiter from altering its award after the award has been rendered.
United States
29 Jan 2019
14
First Circuit Upholds Coverage For Massachusetts Investment Fund, Rejects Insurer's Misreading Of Policy Exclusions
The First Circuit Court of Appeals recently affirmed a district court's ruling that three exclusions do not bar coverage under a management liability policy for a lawsuit filed by pension funds
United States
28 Jan 2019
15
Hunton Insurance Recovery Blog: Zurich Invokes War Exclusion In Battle Over Coverage For NotPetya Attack
Notwithstanding the absence of a congressional war declaration since Japan bombed Pearl Harbor, Zurich American Insurance Company has invoked a "war exclusion"...
United States
25 Jan 2019
16
Hunton Insurance Recovery BLOG: Don't Assume Your Insurance Covers A Newly Acquired Company
EPC then acquired the sole member interest in Cyrus Square, LLC.
United States
24 Jan 2019
17
Hunton Insurance Recovery Blog: Talent Agency Wrestles Defense Coverage From Insurers In Hulk Hogan Coverage Fight
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)
United States
24 Jan 2019
18
Hunton Insurance Recovery Blog: Defense Owed For Product Recall And Insured's Related Affirmative Claims
Policyholders facing any type of products liability scored a win in a recent decision from the District Court for the Northern District of Illinois.
United States
24 Jan 2019
19
Hunton Insurance Recovery Blog: Offer Up: Second Circuit Holds That "Offers For Sale" Constitute Advertising Injury
The Second Circuit has ruled a claim alleging an "offer for sale" infringed on a patent constitutes an advertising injury sufficient to trigger a defense ...
United States
7 Jan 2019
20
Hunton Insurance Recovery Blog: New York Appellate Court Affirms 1966 Insurance Policy Continues To Cover WTC Asbestos Claims
In a prior post, we discussed a New York trial-court decision that found an insurance policy issued in 1966, to insure the construction of the World Trade Center, continues to cover modern-day...
United States
23 Nov 2018
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