Recent Member Blog Posts

    Blog: Hunton Insurance Recovery Blog

    Texas Duty to Defend: To Deviate or Not to Deviate

    Texas is among the minority of states that permit few, if any, deviations from the “eight-corners rule,” which provides that an insurer’s duty to defend must be determined from the complaint and the policy, without regard to extrinsic evidence or facts. In Bitco Gen. Ins. Corp. v. Monroe Guar. Ins. Co., No. 19-51012, 2022 WL 1090800 (5th Cir. Apr. 12, 2022) (“Bitco”), the Fifth Circuit Court of Appeals declined to consider extrinsic evidence in determining Bitco’s duty to defend and outlined when a court applying Texas law can deviate from the state’s strict eight-corners rule under the Monroe...

    Blog: It Pays to Be Covered

    Bradley Caps Off $60 Million Business Interruption Appraisal Award with Recovery of Full Costs and Attorney Fees for Delayed Payment

    A cross-office Bradley team recently scored a bad faith victory for Sinclair Oil on March 18, 2022. The case involved a hotly contested business interruption loss and the delayed and frustrating recovery process that followed. Sinclair believed that its post-fire business losses were clearly covered by their Marsh-manuscripted all risks policy and that it was...

    Blog: Data Security Law Blog

    Ransomware Attacks Case Studies Provide Rare Learning Opportunities

    Ransomware attacks have become headline news in the mainstream media, and a hot topic not only on this blog but in government circles.  And with good reason as the United States suffered a staggering 421.5 million ransomware attempts last year alone, a 98% increase from 2020.  This figure comes from United States Senate Committee on [...]

    Blog: Insurance Coverage Notes and Developments

    New York Trial Court Enforces D&O Policy’s Insured Capacity Limitations and Exception of SEC Disgorgement Amounts from Covered Loss

    A trial court in New York has granted summary judgment for a group of D&O insurers seeking a declaration that policies issued to AR Capital, LLC (“AR Capital”) do not provide coverage for settlements and consent judgments in actions alleging false and misleading SEC filings by VEREIT, Inc. (“VEREIT”), which is a real estate investment... Continue Reading