Tag Archives: Syed S. Ahmad

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

Steps to Avoid Rescission of Recall Insurance Policies

Many retailers today face an increasing risk related to product recalls, which can result in extensive losses and a variety of liability claims. Hunton and Williams LLP’s Insurance Coverage attorneys recently authored an article in which they address New York law on rescission and steps that can be taken to avoid rescission. This blog post contains a link to the full article. … Continue Reading

Recall Roundup: July

On July 26, 2017, an amusement ride named “Fire Ball” at the Ohio State Fair broke apart, killing one passenger and injuring seven others. This deadly incident may trigger a CPSC investigation into the matter. Prior to 1981, the CPSC exercised jurisdiction over all amusement rides. But after several high-profile cases challenged the CPSC’s jurisdiction … Continue Reading

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

NY High Court Decision Impacts Exchange of Information Between Retailers and Third Parties

On November 9, 2016, Hunton & Williams LLP lawyers on the Retail and Consumer Products, Insurance and Corporate Litigation teams, Syed Ahmad, Shawn Regan and Shannon Shaw, published an article in Corporate Counsel discussing a recent decision from New York’s highest court that may impact the exchange of information between retailers and third parties, such … 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

“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
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