In an article published in Internet Retailer on January 11, 2018, Hunton & Williams’ Insurance lawyers discuss the risks retailers face when using smartphone-reliant technology and contactless payment systems, and the insurance coverage necessary to address these potential risks.
Continue Reading Retailers’ Use of Smartphones and Contactless Payment Systems Implicates New Insurance Considerations

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 that policyholders act fast to maximize insurance recovery for their hurricane-related losses. They also provide a checklist to guide policyholders through the claim process and to ensure maximum recovery for any property damage and business interruption losses. As Andrews and DeField explain, business interruption and related coverage endorsements may cover loss resulting from (1) an inability to open for business; (2) reduction in business income when the business remains open but cannot operate at full capacity; (3) civil authority orders barring access to an insured business; and (4) service and utility outages effecting business interruptions — an important coverage in light of Florida’s ongoing power outages.
Continue Reading Retail Insureds Should Act Now to Ensure Insurance Coverage for Lost Income Due to Hurricanes Harvey and Irma

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

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

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,

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 Pharmaceutical Distributor Sued – A Tough Pill for Insurers to Swallow

On July 12, 2016, several Hunton lawyers published an article addressing the growing trend of consumer class actions and reminding consumer product manufacturers to look to their insurance policies when they find themselves faced with class action lawsuits in the digital landscape. This blog post provides a link to the article.
Continue Reading Consumer Product Companies Reminded That Insurance Options Exist for Big Data Blunders

On June 14, 2016, two partners in Hunton’s Insurance Coverage Counseling and Litigation practice, Syed Ahmad and Jennifer White, published an article in Risk Management Magazine about how commercial general liability policies may help policyholders looking to recover attorney’s fees or fund settlements in trademark infringement litigation.
Continue Reading How Your CGL Policy May Help with Trademark Infringement Litigation