Tag Archives: Michael S. Levine

Retail Insureds Should Act Now to Ensure Insurance Coverage for Lost Income Due to Hurricanes Harvey and Irma

Hurricanes Harvey and Irma have devastated portions of Texas, Louisiana, and Florida. For retail insureds in particular, the losses due to property damage and business interruption will be staggering. In an article published September 12, 2017, in South Florida’s Daily Business Review, Hunton insurance lawyers Walter Andrews and Andrea DeField explain why it is critical … Continue Reading

Ninth Circuit to Decide Whether IP Exclusion Applies to Forever 21 Trademark Suit

The Ninth Circuit will decide whether Great Lakes Reinsurance must defend clothing company, In and Out, against a trademark infringement suit by Forever 21. The dispute focuses on exclusionary language in the general liability policy issued by Great Lakes to In and Out, which broadly bars coverage for claims stemming from violations of intellectual property rights, but which also excepts from the exclusion claims for copyright, trade dress and slogan infringement occurring in the company's advertisements. … Continue Reading

Product Recalls: Keeping Your Insurance Coverage Intact

Complex product supply chains increase the risk of errors, defects and contamination at all levels of operation and can lead to staggering expenses for food and product manufacturers facing the risks and realities of product recalls. Hunton insurance coverage attorneys comment on a recent Third Circuit decision that illustrates the importance of taking the right steps to avoid invalidating insurance coverage for product recalls.… 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

“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
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