- Posts by Kevin V. SmallCounsel
Kevin is a commercial litigator who represents clients in insurance coverage disputes and other business litigation. Kevin represents policyholders in complex coverage disputes involving claims under various types of ...
In an insurance coverage lawsuit brought by 3M Co. and certain of 3M’s wholly owned subsidiaries, including Aearo LLC, the Delaware Superior Court recently ruled that 3M’s payment of litigation costs on Aearo’s behalf do not count toward Aearo’s $250,000 Self-Insured Retention (SIR) contained in several of its legacy policies. This ruling is significant because 3M and Aearo seek, among other things, more than $370 million in defense fees for nearly 300,000 product liability lawsuits consolidated in a multidistrict litigation in the US District Court for the Northern District of Florida and state court in Minnesota. Parent companies, and those looking to acquire, should be aware of legacy policy provisions like those expressly prohibiting satisfaction of an SIR by anyone except the named insured.
Novolex Holdings, LLC v. Illinois Union Insurance Company is one of the few cases involving a claim under a Representation and Warranties (“R&W”) policy playing out in a public forum because most R&W cases are resolved before a formal dispute and often don’t reach litigation. In addition, most R&W policies provide the policyholder with the option to have the dispute resolved through arbitration, which many clients may prefer so as to avoid the public scrutiny of a court case. Novolex, however, is one of the few cases that has proceeded to litigation.
A software company—Zywave, Inc. (“Zywave”)—recently filed a lawsuit in California federal court that may provide rare insight into how courts will resolve representations and warranties (“R&W”) insurance coverage disputes. Zywave purchased a buyer-side R&W policy in connection with its acquisition of an insurance product-distribution software company. Zywave alleged that, post-close, it learned that the seller had knowledge of “serious material performance issues with certain customers that it failed to disclose,” amounting to breaches of various sections of the acquisition agreement. The software company further alleged that if the seller had disclosed the performance issues, the software company would have either walked away from the transaction or paid a lower purchase price.
Representations and warranties coverage disputes are far more often resolved through informal or confidential proceedings rather than litigation. Law 360 recently published an article by Hunton insurance counsel Syed Ahmad, Patrick McDermott, and Jae Lynn Huckaba analyzing a rare representations and warranties dispute in the summary judgment stage of litigation between pH Beauty Holdings III Inc. and its representation and warranties insurers. As summarized below, the authors provide an overview of the issues in dispute, which related to the RWI retention, an exclusion related to the purchase price adjustment following closing, and pH Beauty’s bad faith claim.
The Supreme Court of New Jersey recently agreed to hear ACE American Insurance Company’s appeal of an Appellate Division decision finding that a war exclusion in a property insurance policy did not preclude coverage for Merck & Co., Inc.’s claim stemming from a 2017 cyberattack. We previously reported about this case here.
The Superior Court of New Jersey Appellate Division recently upheld a lower court’s finding that the war exclusion in a property insurance policy did not preclude coverage for Merck’s claim stemming from a 2017 cyberattack. The decision is appropriately being heralded as a huge win for policyholders and an affirmance of New Jersey’s longstanding history of protecting policyholders’ reasonable expectations. We previously blogged about developments relating to the war exclusion and the Merck case when it was initially heard by the Appellate Division.
Artificial intelligence technology (“AI”) is poised to radically improve human functionality, although some say the technology is quietly learning how to overtake it. In the meantime, the insurance industry has been using AI to save time, attain consistency and improve risk mitigation. However, while the industry looks forward to cost savings and better business utilizing generative AI, some insurers have simultaneously cautioned policyholders about the potential risks that reliance on AI may pose. Insurer’s cautionary statements cast doubt on the integrity of their own reliance on the technology.
The explosive growth of representations and warranties (R&W) insurance over the last decade is no secret. But, for many, R&W insurance remains an enigma, particularly as respects filing a claim under such policies. Indeed, even those involved in buying R&W insurance may not have experience on the claims end and, as a result, possess little knowledge on how to navigate the assortment of issues that may arise. Of course, policyholders pursuing a claim under an R&W policy should be aware of the minefield of issues that await in establishing the two primary thresholds to recovery: breach ...
The Fourth Circuit recently held that a “literal” interpretation of a North Carolina insurance law was “poppycock.” Whitmire v. S. Farm Bureau Life Ins. Co., No. 21-1643 (4th Cir. 2022). The case involved a North Carolina statute that required an insurer to provide notice by mail addressed to the insured’s “last known post-office address in this State.” The person that was to receive notice under the statute had lived in North Carolina but then moved to South Carolina. The insurer provided notice at the person’s South Carolina address. It did not provide notice at the person’s last known address in North Carolina. So the beneficiary of the life insurance argued that notice did not meet the North Carolina statute because it was not provided at “last known post-office address in this State,” i.e. North Carolina.
In Yahoo, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA., the California Supreme Court confirmed that contra proferentem and other rules of policy interpretation apply even to language insurers argue is “manuscript” as long as the provisions in question use standard-form policy terms. There, the United States Court of Appeals for the Ninth Circuit asked the California Supreme Court to answer a certified question regarding whether a commercial general liability policy (CGL) covers defense costs related to claims under the Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227). Following a thorough and thoughtful assessment of California law involving fundamental rules of policy interpretation, the California Supreme Court ruled in favor of the policyholder, Yahoo, Inc. (“Yahoo!”). The authors of this article represented amicus curiae, United Policyholders, in support of Yahoo! before the California Supreme Court.
Harvard College and Zurich American Insurance Company have been embroiled in an insurance coverage dispute for over a year regarding Zurich’s obligation to cover Harvard’s hefty defense bills incurred defending its affirmative action admissions policy, which is presently before the U.S. Supreme Court. Last week, the world-renowned university told a District of Massachusetts court that it should deny Zurich’s motion for summary judgment because questions of fact remain unresolved. Harvard also accused Zurich of inappropriate discovery gamesmanship by withholding documents and information.
A Texas jury has found that the presence of SARS-CoV-2 virus on the property of Baylor College of Medicine (BCM) caused “physical loss or damage” and resulting economic loss, triggering coverage under BCM’s commercial property insurance program. The jury awarded BCM over $48 million following a three-day trial; the award consisted of $42.8 million in business interruption, $3.3 million in extra expense, and $2.3 million in damage to research projects.
Hunton Andrews Kurth LLP partner Syed Ahmad was quoted on July 20 in a Law360 article titled “R&W Insurance Claim Frequency Expected To Normalize.” The article discussed the recent reduction in R&W claims and industry experts’ expectations that claim frequency will return to normal levels this year. Mr. Ahmad commented on the challenges policyholders may face when disputing claims in court. In particular, while there is plenty of case law regarding disputes between buyers and sellers over breaches of representations and warranties, there is very little precedent on how ...
Partner, Andrea DeField, and counsel, Latosha Ellis, were each recently awarded “On the Rise – Top 40 Young Lawyers” honors by the American Bar Association’s Young Lawyers Division. The award honors 40 of the nation’s most promising lawyers under the age of 40 or who have been licensed for 10 years or less. Recipients demonstrate high achievement, innovation, vision, leadership, and service to the profession and their communities, including extensive knowledge in litigation or transactional work and commitment to pro bono, charitable, or professional ...
In what is an unfortunate sign of the times, Springpoint Senior Living, Inc. recently sued its insurers in New Jersey federal court claiming they abruptly stopped covering Springpoint’s defense costs after doing so for nearly a decade. A copy of the complaint can be found here. Springpoint’s allegations are emblematic of a growing trend among insurers taking drastic measures to avoid coverage, which is no doubt in response to the tightening economic conditions and looming recession around the globe.
NL Industries recently prevailed against its commercial general liability insurers in the New York Appellate Division in a noteworthy case regarding the meaning of “expected or intended” injury and the meaning of “damages” in a liability insurance policy. In Certain Underwriters at Lloyd’s, London v. NL Industries, Inc., No. 2021-00241, 2022 WL 867910 (N.Y. App. Div. Mar. 24, 2022) (“NL Indus. II”), the Appellate Division held that exclusions for expected or intended injury required a finding that NL actually expected or intended the resulting harm; not merely have knowledge of an increased risk of harm. In addition, the court held that the funding of an abatement fund designed to prevent future harm amounted to “damages” in the context of a liability policy because the fund has a compensatory effect. NL Industries II is a reminder to insurers and policyholders alike that coverage is construed liberally and exclusions are construed narrowly towards maximizing coverage.
An amended version of the Comprehensive Insurance Disclosure Act recently went into effect in New York State. This law applies to all civil lawsuits filed in New York State Court on or after December 31, 2021. The first disclosures required by the law will be due soon and it is important for defendants to be aware of their new obligations.
A commentator recently summed up the risk of ransomware attack in 2022: “we’re all screwed.” True enough. But that’s all the more reason to prepare right now. After all, the only thing worse than a ransomware attack is not having adequate insurance coverage when it occurs. The time to prepare is now.
After any merger or acquisition, disputes can arise regarding the accuracy of representations and warranties made by the seller to the buyer. In most transactions today, the buyer obtains representation and warranty insurance to cover the buyer for losses resulting from the seller’s breach of a representation or warranty. When an R&W policy provides coverage, a seller may attempt to offset its obligations to the buyer by amounts paid by the R&W insurer. Likewise, the R&W insurer may attempt offset against the damages paid by the seller to the buyer. But other legal and equitable ...
The Indiana Supreme Court recently reversed a trial court’s finding and an affirming intermediate appellate court opinion regarding the interpretation of a policy providing coverage for cyber-crime. In G&G Oil Co. of Indiana, Inc. v. Continental Western Insurance Co., the state high court rejected the lower courts’ narrow interpretation of coverage and impractical view on causation. A copy of the decision can be found here.
Hunton insurance attorneys Syed Ahmad, Geoffrey Fehling, and Kevin Small commented on a retailer’s insurance dispute related to COVID-19 in the latest edition of the Recall Roundup, posted on the Hunton Retail Law Resource Blog.
In a setback for retail-policyholders hoping to enforce coverage for losses due to COVID-19 in federal court, a Tennessee district court recently knocked out a complaint filed by a sprawling Nashville establishment seeking coverage under a food contamination provision in its property policy. The court’s opinion dismissing Nashville Underground LLC v. AMCO Insurance Co. is noteworthy due to the great lengths taken to define a policy provision—intended to provide broad coverage for disruption of business due to the suspicion of food contamination—in a way that limits coverage contrary to the reasonable expectations of businesses purchasing policies specifically tailored to protect against actual or suspected contamination.
Louisiana joins a growing list of states, including New Jersey, Massachusetts, Ohio, and New York that are considering legislation, here and here, that would require insurance coverage for the business interruption losses caused by COVID-19. We have discussed other legislative efforts here and here. The Louisiana House and Senate have each put forth bills that would, like the other states’ measures, require insurers to cover business interruption losses due to COVID-19 despite policy language that an insurer might try to rely on to argue otherwise. Unlike the other bills ...
Following New Jersey, where similar legislation remains under informal discussion, lawmakers in Ohio, Massachusetts, and New York have now introduced legislation that would provide relief to small businesses for COVID-19 business interruption losses. The legislation is conceptually identical to the legislation introduced in New Jersey, discussed here last week. Although the New Jersey bill was subsequently pulled for further consideration with insurance industry representatives, it does appear to have been the roadmap for the Ohio, Massachusetts, and New York measures. ...
Last week, we reported that the New Jersey General Assembly passed a bill that would force property insurers to cover certain business interruption losses arising from COVID-19. The bill presented a lifeline to small businesses in New Jersey that are being racked by the economic fallout stemming from COVID-19. Before reaching the New Jersey Senate, however, the bill was pulled from consideration with little explanation. The bill’s sponsor, Assemblyman Roy Freiman, D-16th District, reportedly stated that, in lieu of the legislation, insurers would be given the opportunity to ...
On March 16, 2020, the New Jersey General Assembly passed a bill that would force property insurers to cover business interruption losses arising from the COVID-19 virus sustained by small businesses (less than 100 employees working more than 25 hours a week); a copy of the bill can be found here. Significantly, the bill would force coverage even where the insurer believes its policy should not apply. In particular, the bill provides that property policies in effect as of March 9, 2020, will be construed as providing “coverage for business interruption due to global virus transmission or pandemic,” including COVID-19. As written, the law would defeat any attempt by insurers to rely on exclusions that purport to preclude coverage for business income loss resulting from viruses, including the much-touted ISO CP 01 40 07 06 Virus or Bacteria Exclusion that insurer-side advocates have been championing as a purported bar to COVID-19 losses. The bill would provide much-needed relief to the New Jersey policyholders that are enduring the worst of COVID-19’s economic impact with the least ability to withstand it.
Ruling on cross motions for summary judgment, a federal court in New York held that AIG Specialty Insurance Company (AIG) must cover the settlement of an underlying action against its insured, SS&C Technologies Holdings, Inc. (SS&C), who was duped by e-mail scammers to issue millions in wire transfers. The court rejected AIG’s assertion that the loss resulted from SS&C’s exercise of authority or discretionary control of client funds where SS&C only had limited administrative authority and further held that, even if SS&C had exercised the requisite authority, the exclusion was ambiguous. A copy of the court’s decision can be found here.
Following a bench trial, the United States District Court for the Eastern District of Virginia found in The Cincinnati Insurance Co. v. The Norfolk Truck Center that a commercial truck dealer’s social engineering loss arose directly from a computer, thereby triggering the dealer’s computer fraud coverage, notwithstanding that the scheme involved numerous non-computer acts in the causal chain of events. A copy of the decision may be found here.
In Ferguson v. St. Paul Fire and Marine Insurance Co., the Missouri Court of Appeals, Western District, found that a public entity liability policy covered the injuries sustained by a man that had been wrongfully convicted, notwithstanding that the policy was issued years after the relevant prosecution. The court’s ruling is in stark contrast to the Illinois Supreme Court’s recent decision in Sanders v. Illinois Union Insurance Co., No. 124565, 2019 WL6199651 (Ill. Nov. 21, 2019), the subject of a prior blog, where the court found that it was the policies in place at the time of the wrongful prosecution that provided coverage for the offense. In our earlier blog, we discussed the costly consequences the Sanders decision could impose on policyholders in Illinois. Although reaching an opposite conclusion than Sanders, Ferguson is based on different policy language and, ultimately, does not appear to be inconsistent with the Sanders decision. While certainly a welcomed decision from a policyholder’s perspective, Ferguson and Sanders highlight the importance that policy wording can play in defining the scope of an insurance program and how similar factual scenarios can result in drastically different coverages based on seemingly minor differences in policy wording. A copy of the Ferguson decision can be found here.
Few areas of New York law as complex and nuanced as the law regarding an insurer’s duties to defend and indemnify. To help practitioners efficiently navigate this area of the law, Hunton Andrews Kurth insurance attorneys Michael S. Levine and Kevin V. Small authored a Q&A guide published by Practical Law. The full article is available here. In the Q&A guide, the authors identify questions practitioners are likely to encounter regarding an insurer’s duties to defend and indemnity and provide succinct answers and citations under New York law ...
The Illinois Supreme Court’s recent decision in Sanders v. Illinois Union Insurance Co., 2019 IL 124565 (2019), announced the standard for triggering general liability coverage for malicious prosecution claims under Illinois law. In its decision, the court construed what appears to be a policy ambiguity against the policyholder in spite of the longstanding rule of contra proferentem, limiting coverage to policies in place at the time of the wrongful prosecution, and not the policies in effect when the final element of the tort of malicious prosecution occurred (i.e. the exoneration of the plaintiff). The net result of the court’s ruling for policyholders susceptible to such claims is that coverage for jury verdicts for malicious prosecution – awarded in today’s dollars – is limited to the coverage procured at the time of the wrongful prosecution, which may (as in this case) be decades old. Such a scenario can have costly consequences for policyholders given that the limits procured decades ago are often inadequate due to the ever-increasing awards by juries as well as inflation. Moreover, it may be difficult to locate the legacy policies and the insurers that issued such policies may no longer be solvent or even exist. A copy of the decision can be found here.
In a recent decision, the Maryland Court of Special Appeals reiterated that the duty to defend broadly requires a liability insurer to defend an entire lawsuit against its insured, even where only some of the allegations are potentially covered. The court further held that the insured has no obligation to apportion defense costs among multiple implicated policies. The decision, Selective Way Insurance Company v. Nationwide Property and Casualty Insurance Company, et al., can be found here.
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- Fla. Stat. 626.854(16)
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- London
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- Los Angeles Lakers
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- Louisiana
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- Maersk
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- Medidata
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- mergers
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- Merriam Webster’s Dictionary
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- Miami Dade Bar Young Lawyers Section
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- Michigan
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- Missouri Court of Appeals
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- Mondelez International Inc.
- Money
- Monica L. Hansen
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- Montrose Chemical Corporation
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- Mr. Hawley Insurance
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- Napoleonic Code
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- Norfolk Southern Railway Company
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- Norovirus
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- Notice
- Notice 2014-21
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- O.C.G.A. § 44-7-35(C)
- O.J. Simpson
- OCC
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- Ocean View LLC
- Odell Beckham Jr
- OFAC
- Offenses
- Office Depot
- Office of the Insurance Commissioner of Puerto Rico
- Officers
- OH
- Ohio
- Oil
- Oil & Gas
- Oil and Gas
- Oil and Gas Petroleum
- Oil Categories: Defense Costs
- Oklahoma
- Olin
- Olin Corporation
- Olympics
- Omission
- On-Demand Insurance
- One Beacon America Insurance Company
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- OneBeacon
- Online Banking
- Operations
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- Orders
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- Oroville
- Other Insurance
- Other Insurance Clauses
- Other Insurance Provision
- Otsuka America Inc.
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- Overvalued Stock
- Owners Insurance Company
- P.F. Chang's
- Pacific Management
- Palestine
- Pamrapo Bancorp
- Pandemic
- Paperweight Development Corp.
- Parametric
- Partnership
- Party Line Arguments
- Passaic River
- Patent
- Patent Infringement
- Patriarch Partners
- Patriarch Partners LLC
- Patrick M. McDermott
- Paycheck Protection Program
- Paypal
- Peer-to-Peer Insurance
- Pella
- Peloton
- Penalties
- Penalty
- Pending or Prior Claim
- Pennsylvania
- People’s Trust Insurance Co.
- Performance Trans. Inc.
- Period of Liability
- Period of Restoration
- Permanent Property Insurance
- Permissible Evidence
- Personal and Advertising Injury
- Personal Catastrophe Policy
- Personal Information
- Personal Injury
- Personal Jurisdiction
- Personal Lines Insurance
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- Petrochemical
- Petroterminal de Panama
- PFAS
- Pfizer
- Pfizer Inc.
- PG&E Corp.
- Pharrell Williams
- Philadelphia Indemnity
- Philadelphia Indemnity Insurance Co. Pennsylvania
- Phishing
- Physical Alteration
- physical damage
- Physical Injury
- Physical Loss
- Physical Loss or Damage
- PICC Property and Casualty Company Limited Suzhou Branch
- Piggly Wiggly
- Pilkington North America Inc.
- Pipeline
- Pitzer College
- Pizza Hut
- Places of Public Accommodations
- Plain Language
- Plaistow Project LLC
- Plantation Pipe Line Company
- Plantation Pipeline
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- Pleading
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- Policy Interpretation Principles
- Policy Limit
- Policy Limits - Bad Faith
- Policy Limits Demands
- Policy Premium Payment
- Policy Release
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- Policy Terms
- Policy Wording
- Policy-Language Exception
- Policyholder
- Policyholders
- Political News
- Political Risk Insurance
- Political Risks Insurance Policy
- Pollutant
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- Pollution Condition
- Pollution Exclusion
- Pollution Liability
- Ponzi Scheme
- Port Authority
- Portal Healthcare
- Posco Daewoo
- Post-Close Dispute
- Post-judgment Interest
- Potential for Coverage
- Potentiality
- Potentiality Rule
- Potentially Covered
- Poultry Farm
- Poultry Industry
- Poway Academy
- Power
- Power Cell LLC
- Power Loss
- Power of Grace
- Power Outage
- PPLI
- PPP
- Practicable
- Practical Law Q&A Guide
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- Principal Solutions Group
- Principle Solution Group LLC
- Principle Solutions
- Prior Acts
- Prior And Pending
- Prior Consent/Consent To Settle
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- Prior Knowledge Exclusion
- Priority of Coverage
- Privacy
- Privacy Breach
- Privacy Insurance
- Private Company
- Private Equity
- Private Power
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- Pro Bono
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- Product
- Product Contamination
- Product Contamination Coverage
- Product Defect
- Product Disparagement
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- Product Manufacturer
- Product Recall
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- Product-Completed Operations Hazard
- Products
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- Products-Completed Operations Hazard
- Professional Excellence Award
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- Professional Services Exclusion
- Professional Services Policy
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- Professional Sports Insurance
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- Prop. 65
- Property
- Property Coverage
- Property Damage
- Property Insurance
- Property Management
- Property Manager
- Property Policies
- Prophet Equity
- Proportional
- Proposition 64
- Proposition 65
- ProSight
- Protecting Assets
- Protecting Insurance
- Protection Plus
- Protective Life Insurance
- Proximate Causation
- Proximate Cause
- PRP letter
- Prudential
- Public Access
- Public Authority
- Public Entity
- Public Policy
- Public Safety Orders
- Publication
- Published Information
- Puerto Rico
- Punitive Damages
- punitive wrap insurance
- Quality Sausage Co. LLC
- Quantification
- Queensridge Towers LLC
- Qui Tam
- R&W
- R&W Coverage
- R-T Specialty
- R.T. Vanderbilt
- R.T. Vanderbilt Co. Inc.
- Rachel E. Hudgins
- Rachel Hudgins
- Racing Accident
- Railroad Liability
- Randy S. Parks
- Rankings
- Ransom and Extortion
- Ransomware
- Ransomware Attacks
- Ransomware Policies
- Rapid-American
- Ravenswood
- Ray Duerr Logging
- real estate
- Real Estate Investment Trust
- Real Property
- Reasonable Expectation
- Reasonable Interpretation
- Reasonable Investigation
- Reasonable Settlement
- Reasonableness
- Recall
- Recall Coverage
- Recall Insurance
- Recall Roundup
- Recalled Product Exclusion
- Recalls
- Receivership
- Reconsideration
- Recoupment
- Recoverable Damages
- Reformation
- Refunds
- Registered Agent
- Regulation
- Regulations
- Regulatory
- Regulatory Coverage
- Regulatory Investigation
- Regulatory Investigations
- Reimbursement
- Reinsurance
- Reinsurance Accepted Amount
- Reinsurance Limits
- REIT
- Related
- Related Acts
- Related Claim
- Related Claims
- Relief and Economic Security Act
- Relitigate
- Relocation
- Remand
- Remediation
- Remediation Costs
- Removal Insurance
- Renewal
- Renewals
- Rensselaer
- Renters Insurance
- Repair Expenses
- repairs
- Replacement Cost
- Replacement Expenses
- Reporting Requirements
- Representations & Warranties
- Representations and Warranties
- Reps & Warranties
- Reps and Warranties
- Reputational Harm
- Rescission
- Reservation of Rights
- Residential Insurance
- Restatement
- Restatement of the Law
- Restitution
- Resulting Directly
- Retail
- Retail Year in Review
- Retention
- Retrac
- Retroactive Date
- Return of Funds
- Revco D.S. Inc.
- Rewards
- Richardo Lara
- Riddell
- Ride-Sharing
- Ridesharing
- Ridley Park Fitness
- Right of Privacy
- Right of Publicity
- RIMS
- RIMS Atlanta Chapter
- Ringling Bros. Barnum and Bailey
- Riot
- Ripeness
- Ripple
- Ripple and Zcash
- Rising Stars
- Risk
- Risk Insurance
- Risk Management
- Risk Management Magazine
- Risk Mitigation
- Risk Modeling
- RISKWORLD
- RLI
- Robert Pepper
- Robert W. Hughes
- Rockefeller University
- Roger Clemens
- Rolling Stones
- RollingStone
- Romantik Seehotel Jaegerwirt
- Rookie of the Year
- Roses 1 LLC
- RSUI Indemnity Co.
- Rule 26
- Runoff
- Runoff Coverage
- RWI
- Ryan A. Glasgow
- S.A. de C.V.
- S.B.C. Flood Waste Solutions Inc. f/k/a Flood Waste Solutions Inc.
- Saddleback Inn
- SAFE Banking Act
- SAFETY Act
- Sales Practice Risks
- Salmonella
- Same Condition
- San Antonio Fire & Police Pension Fund and Fire & Police Health Care Fund
- San Jose
- Sanctions
- Sanders v. Illinois Union Insurance Co.
- Sandersville Railroad
- Santam Hollard Insurance Company
- Sapa Extrusions Inc.
- SARS-CoV-2
- Saudi Arabia
- SBS Insurance
- Scapa Dryer Fabrics
- Schleicher & Stebbins Hotels LLC
- Schneider Electric
- Schur
- Scope Of Coverage
- Scott Kimpel
- Scottsdale Insurance Co.
- Scottsdale Insurance Company
- SDNY
- Seattle Times Company
- Sebo
- SEC
- Second Circuit
- Second-Guess
- Secondary Evidence
- Section 2802
- Section 533
- Secura
- Secura Insurance
- Securities
- Securities and Exchange Commission
- Securities Claim
- Securities Claims
- Securities Law
- Securities Lawsuits
- Securities Liability
- Securities Litigation
- Securities Regulation
- Securities Violations
- Security Breach
- Security Failure
- Securityroundtable.org
- Seguros Afirme
- Selective
- Selective Insurance Company of America
- Selective Way Insurance Company
- Self-Insured
- Self-Insured Retention
- Separation of Insureds
- Service Interruption
- Service of Process
- Service Provider
- Settlement
- Seung Park
- Seventh Circuit
- Sexual Abuse
- Sexual Assault
- Sexual Harassment
- Sexual Misconduct
- SFBJ Influential Business Women
- Shannon Shaw
- Shareholder Actions
- Shareholder Lawsuits
- Shareholder Liability
- Shareholder Litigation
- Shareholder Suit
- Shareholder Suits
- Sharing Economy
- Shawn Flood
- Shawn P. Regan
- Sheraton Hotels & Resorts
- Shipping
- shoes
- Shooting
- Side A Coverage
- Sideco
- SIFI
- Silent Cyber
- single occurrence
- SIR
- SITW
- Sixth Circuit
- Skyjet
- Slice
- Slogan
- Smart Contracts
- Smartphone
- Smith Drug Company Inc.
- Smoke
- Snap Removal
- sneaker culture
- Sneakers
- Social Distancing
- Social Engineering
- Social Engineering Scheme
- Social Media
- Software
- Solera Holdings Inc.
- Something In The Water
- Sompo Japan Insurance Company of America
- SonicWall
- Sonoma
- Sony Corp.
- Sout Risius Ross Inc.
- South Africa
- South Carolina
- South Carolina Law
- South Florida Business Journal
- Southern California Pizza Co.
- Southern District of New York
- Southern Owners Insurance
- Southern Trust Insurance Company
- Southern-Owners Insurance Company
- Sovereign
- SP Plus
- Sparta Insurance Co.
- Special Hazard Endorsement
- Specific versus General
- Spoliation
- Spoof Email
- Spoofing
- Sports
- Sports & Entertainment
- Sports Injuries
- Sports Injury
- Spring Window Fashions LLC
- Springpoint
- Sr.
- SS&C
- SS&C Technology Holdings Inc.
- St. Paul
- St. Paul Fire and Marine Insurance Co.
- St. Paul Fire and Marine Insurance Company
- St. Paul Mercury
- St. Paul Mercury Insurance Co.
- Stacking
- Stadium
- Star Insurance
- Stardock Systems Inc.
- Starr Indemnity
- Starr Surplus Lines Insurance Companies
- Starr Surplus Lines Insurance Company
- Starstone Specialty Insurance Company
- State Auto Property and Casualty Insurance Company
- State Farm
- State Farm Lloyds
- State Line Laundry Services
- State of Louisiana
- State-Sponsored
- Statute
- Statute of Limitations
- Statutory Damages
- Statutory Merger
- Statutory Schemes
- Steadfast Insurance Company
- Sterling
- Stock Valuation
- Stone-E-Brick Inc.
- Storm
- Storm Damage
- Storm Loss
- Storm Surge
- Stout Risius Ross LLC
- Stowers
- Stowers Demand
- Strafford
- Strategic
- Strategy
- Strathmore Insurance Company
- Strip Club
- Strip Search
- Structural Alteration
- Studio 417 Inc.
- Subcontractor
- Subcontractors Cyber
- Sublimit
- Subpoena
- Subrogation
- Subsidiary
- Successor Coverage
- Successor Liability
- Successor Rights
- Sudden and Accidental
- Sue and Labor
- Suit Limitations
- Summary Judgment
- Sunoco
- Super Lawyers
- Superfluous
- Superfund
- Supervision
- Supplementary Payments
- Suppliers
- Supply-Chain
- Supreme Court
- Supreme Court of California
- Supreme Court of Texas
- Surety Bond
- Surviving Entity
- Suspension of Operations
- Sweetgreen
- Swiss Re
- Sydney Embe
- Syed S. Ahmad
- T-Mobile Northeast LLC
- T-Mobile USA Inc.
- Tactic Security Enforcement
- Tail Coverage
- talc
- Tangible Alteration
- Tapestry Inc.
- Taps & Bourbon on Terrace LLC
- Target Corp.
- Tax Avoidance
- TCPA
- Telephone Consumer Protection Act
- Television
- Tenants and Neighbors Provision
- Tender of Policy Limits
- Tennessee Supreme Court
- Terrorism
- Terrorism Insurance
- Terry Bollea
- Tesco
- Texas
- Texas Insurance Code
- Texas Insurance Law
- Texas Prompt Payment of Claims Act
- Texas Supreme Court
- Texting
- Thailand
- The Cincinnati Insurance Co.
- The Cincinnati Insurance Company
- The Great Recession
- The National Black Lawyers Top 40 Under 40
- The National Law Review
- The North River Insurance Company
- The Traveler's Property Casualty Company of America
- The Travelers Indemnity Company of Connecticut
- The Wattles Company
- Thee Sombrero Inc.
- Theft
- Third Circuit
- Third Party
- Third Party Beneficiary
- Third Party Liability
- Third-Party
- Third-Party Consultants
- Third-Party Coverage
- Third-Party Insurance
- Third-Party Property
- Thomas F. Segalla Service Award
- Thruway
- Time Element
- Timely Notice
- Timothy Monahan
- Title III
- Title Insurance
- TNCs
- Tobacco
- Todd Clem
- Token
- Tom Taylor
- Top 50 Women's List
- Top Insurance Cases
- Top Insurance Ruling
- Tort Reform
- Tourism
- Toxic Chemicals
- Toxics
- Trade Dress
- Trade Secret
- Trademark
- Trademark Infringement
- Transatlantic
- TransCanada
- Transfer
- Transportation
- Travel Insurance
- Travelers
- Travelers Casualty & Surety
- Travelers Casualty and Surety Company
- Travelers Casualty and Surety Company of America
- Travelers Casualty Insurance Company of America
- Travelers Property Casualty Company of America
- Treasure Island LLC
- Treble Damages
- Trevor Maynard
- Trial Record
- Triconex
- Trigger
- Trigger of Coverage
- Triton
- Trucking Liability
- Turbine
- Twin City Fire Ins. Co.
- Twin City Fire Insurance Company
- Twombly
- U.S Department of Health and Human Services
- U.S. District Court for the Eastern District of Virginia
- U.S. Environmental Protection Agency
- U.S. Fire Insurance Co.
- U.S.D.C. Western District of Texas
- Uber
- UK
- Ultimate Net Loss
- Umbrella
- Umbrella Coverage
- Umbrella Insurance
- Umbrella Liability
- Umbrella Policy
- Unavailability Exception
- Unavailability of Insurance
- Under 40 Hotlist
- Underinsured
- Underlying Adjudication
- Underwriters and Lloyd's
- Underwriters at Lloyd's London
- Underwriting
- Underwriting Manual
- Unfair Competition
- Unfair Trade Practices
- Unilateral Settlement
- Uninsurable Loss
- Uninsured Periods
- Uninsured/Underinsured
- Unintended Consequences
- United Church of Marco Island
- United Kingdom
- United Specialty Insurance Company
- United States Court of Appeals for the Ninth Circuit
- United States Fire Insurance Company
- United Water Services Milwaukee
- Universal Cable Productions LLC
- Universal Manufacturing Corp.
- Universal Photonics Inc.
- Universities
- University of New Hampshire Franklin Pierce Law Center’s Alumni CLE Program
- Unjust Enrichment
- Unmanned Aerial Vehicles
- Unmanned Systems
- Up and Coming Lawyers
- Upper Deck Co.
- Upper-Layer Policies
- UPS
- Uriel A. Mendieta
- US Department of Justice (DOJ)
- US News & World Report
- US Securities and Exchange Commission
- US Supreme Court
- USAA
- USAA Texas Lloyd's Co.
- Utilities
- utility
- Vacate
- Valuation
- Vandalism
- Vendor Service Agreement
- Vendors
- Venmo
- Venue
- Veolia Water Milwaukee
- verdicts
- VEREIT Inc.
- Vermont Supreme Court
- Vertical Exhaustion
- Very Good Touring Inc.
- Vibram
- Viking Pump
- Vineyard
- Violation of Law Exclusion
- Virginia
- Virginia Beach
- Virginia Court of Appeals
- Virginia Lawyer Magazine
- Virginia Lawyers Weekly
- Virus
- Virus Exclusion
- Voluntary Parting
- Voluntary Recall
- Voss
- W. Jeffery Edwards
- Wage and Hour
- Wage and Hour Exclusion
- Wage-And-Hour
- Waiver
- Wall Street Journal
- Walmart
- Walter J. Andrews
- Wanda Kaye Lancaster
- War
- War Exclusion
- Wardlaw Claims Service Inc.
- Warlike
- WARN Act
- Warren Pumps
- Washington
- Washington DC
- Washington DC 2018 Top 100
- Washington Post
- Washington Supreme Court
- Watson Laboratories Inc.
- Watson Pharma Inc.
- Watson Pharmaceuticals Inc.
- Wayne Mutual
- weather-related cancellation
- Weather-Related Losses
- Weatherby-Eisenrich Inc.
- Webinar
- Website Accessibility
- Well Blowout
- West Bend Mutual
- West Bend Mutual Insurance Company
- West Virginia
- Westchester Fire Insurance Co.
- Westchester Fire Insurance Company
- Western Litigation Inc.
- Western Truck Insurance Services Inc.
- Western World Insurance Company
- Westfield Insurance Company
- Westlaw
- Westlaw Journal: Computer and Internet
- Whaling
- Whistleblower
- White Pine Insurance Company
- Wilderness Oaks Cutters LLC;
- Wildfire
- Wildfire Insurance Coverage Series
- Wildfires
- Wiley Rein
- Willful Misconduct Exclusion
- Willfulness
- William P. White Racing Stables
- Willis Re
- Wind Damage
- Windstorm
- Windstorm Insurance
- Wine
- Wing
- Winter Storm Uri
- Wire Transfer
- Wisconsin
- Wisconsin Supreme Court
- Withdraw
- Women in Business Law Awards 2021
- Women's Bar Association
- Women’s Bar Association of DC
- Work Product Doctrine
- Workers' Compensation Insurance
- Workplace
- World Trade Center
- Written Consent and Cooperation
- Wrongful Act
- Wrongful Acts
- Wrongful Death
- Wrongful Employment Practices
- Wuhan
- Xia
- XL Catlin
- XL Insurance America Inc..
- XL Insurance Company Ltd.
- XL Specialty Insurance Co.
- Xytex Tissue Services LLC
- Yahoo
- Yahoo Inc.
- Yahoo!
- Yaniel Abreu
- Yates Memo
- Year In Review
- Young Lawyers Network Leadership Council
- Your Product Exclusion
- Your Work Exclusion
- Zeig
- Zenith Aviation
- Zero Day
- Zeus Battery Products
- Zika
- Zurich
- Zurich America Insurance Company
- Zurich American
- Zurich American Insurance Company
Authors
- Yaniel Abreu
- Veronica P. Adams
- Syed S. Ahmad
- Walter J. Andrews
- Jorge R. Aviles
- Lawrence J. Bracken II
- Olivia G. Bushman
- Lara Degenhart Cassidy
- Casey L. Coffey
- Christopher J. Cunio
- Andrea DeField
- Scott P. DeVries
- Mayme Donohue
- Latosha M. Ellis
- Geoffrey B. Fehling
- Philip M. Guffy
- Jae Lynn Huckaba
- Rachel E. Hudgins
- Yosef Itkin
- Kevin W. Jones
- Andrew S. Koelz
- Charlotte Leszinske
- Michael S. Levine
- Lorelie S. Masters
- Patrick M. McDermott
- Leah B. Nommensen
- Justin F. Paget
- Alex D. Pappas
- Christopher M. Pardo
- Adriana A. Perez
- Matthew J. Revis
- Madison W. Sherrill
- Elizabeth L. Sherwood
- Kevin V. Small
- Cary D. Steklof
- Nicholas D. Stellakis
- Koorosh Talieh
- Javaneh S. Tarter
- Thomas W. Taylor
- Shauna R. Twohig
- Laura Thayer Wagner
- S. Alice Weeks
- Malcolm C. Weiss
- Alexandrea Haskell Young
- Torrye Zullo