Tag Archives: Policy

Fear of the Unknown: Insurance Coverage for Recalls Where the Cause of Loss is Unknown

In the context of product recalls, the exact cause of damage or contamination may be unknown. This creates uncertainty, and in turn, a coverage dispute over whether the cause of damage is covered under the policy. In a recent article, Hunton attorneys analyze three recent cases involving coverage for retail industry insureds where the courts found the cause of loss to constitute an "occurrence," triggering the policy’s coverage. … 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

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

Employer Guidance in the Midst of Bathroom Politics

In the midst of the press and politics that surround the issue of bathroom policies and laws with respect to transgender employees, it is helpful to remember that government organizations have been issuing guidance to employers to assist them in dealing with these issues, especially in places where gender identity and expression constitute protected characteristics under anti-discrimination laws.… Continue Reading

EEOC’s New Policy – Employer’s Position Statement Shown to Employee

The Equal Employment Opportunity Commission has implemented nationwide procedures which require all EEOC offices to release copies of an employer’s entire position statement, together with all non-confidential documents submitted in support of the position statement, to an employee who has filed a discrimination charge, or his or her representative (including attorneys). These procedures apply to all position statements requested after January 1, 2016.… Continue Reading
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