Tag Archives: General Liability

Sharing Business Contracts with a Benchmarking Consultant? You Might Be Breaching Vendor Agreements

Benchmarking studies performed by outside consultants are an increasingly common way for retailers to gain insight into how their contracts stack up against others in the industry. Hiring a consultant to review your vendor contracts for benchmarking purposes could, however, expose you to risks. Before you undertake an engagement that requires sharing any information with a third party, you should understand and manage the potential risk.… Continue Reading

If You Don’t “WannaCry” After a Cyber Attack, Review Your Cyber Insurance Coverage

As we previously reported, beginning last Friday, and still occurring today, one of the worst and most widespread malware attacks has impacted more than 200,000 victims in at least 150 countries. The attack is a reminder of the importance of cyber insurance coverage. Businesses affected by these types of attacks can incur significant loss, including for the ransom amount, any resulting business interruption, the cost of any lost data, damage to customers and other third parties, along with associated public relation expenses.… Continue Reading

Pharmaceutical Distributor Sued – A Tough Pill for Insurers to Swallow

On July 19, 2016, the United States Court of Appeals for the Seventh Circuit held that a general liability insurer’s duty to defend suits seeking damages “because of bodily injury” was triggered when the state of West Virginia sued a pharmaceutical distributor, alleging it had contributed to an epidemic of prescription drug abuse, causing the state to spend money to care for addicted citizens. … Continue Reading

The New Wave of Consumer Class Action Targeting Retailers: What is the TCCWNA?

TCCWNA. The very acronym evokes head scratches and sighs of angst and frustration among many in the retail industry. The New Jersey Truth-in-Consumer Contract Warranty and Notice Act was passed in 1981 to protect consumers from allegedly deceptive practices in consumer contracts, warranties, notices and signs. Continue reading for an in-depth view of the TCCWNA and what retailers can do to minimize risk. … Continue Reading

“As Seen on TV” — Insurer Must Defend Well Known Television Marketer in Data Privacy Suit

GDPRIn a June 1, 2016 decision, the Second Circuit Court of Appeals reminded retailers and product manufacturers to look to their insurance coverages when defending against consumer class actions. The Second Circuit required CNA Financial Corporation to defend E. Mishan & Sons, Inc. – best known for its “As Seen on TV” products – in two class actions alleging a conspiracy to trap customers into recurring credit card charges and that Emson sold private consumer information that it obtained through its product sales.… Continue Reading

“All Sums” and “Vertical” Exhaustion Apply to Excess Coverage for Asbestos Liabilities

Recently, the New York Court of Appeals held that each of several excess liability insurers can be wholly responsible for the entire extent of their policyholders’ asbestos liabilities. The Court further held that “vertical” exhaustion would apply; rejecting the insurers’ attempt to apply “horizontal” exhaustion before upper-layer policies must respond. … Continue Reading

Hunton Attorneys Provide Primer on Contamination Coverage for Food Retailers

Syed Ahmad and Matthew McLellan, attorneys in Hunton & Williams LLP’s Insurance Coverage Counseling and Litigation team, recently authored an article entitled A Primer On Insurance Coverage for Food Contamination Losses, which provides an overview of insurance protection for food contamination issues that retailers, wholesalers and manufacturers may encounter. … Continue Reading

General Liability Insurers in Pennsylvania Required to Defend Product Liability Claims

The Pennsylvania Supreme Court has rejected a liability insurer’s attempt to overturn a Superior Court decision holding that insurers must defend product liability claims. See Indalex v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 126 WAL 2014 (Pa. Sept. 18, 2014). The decision confirms that loss arising from a defective product may constitute … Continue Reading

False Claims Act Pleading Standard Left Unsettled

How much particularity is required to plead a claim under the False Claims Act (“FCA”), a statute designed to root out fraud against the government? While courts purport to apply the requirements of Federal Rule of Civil Procedure 9(b) and its stringent standards for pleading fraud, several circuits take a more flexible approach when assessing … Continue Reading
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