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Aug 1, 2024 | 
natlawreview.com | Kevin Small
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.
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May 23, 2024 | 
natlawreview.com | Kevin Small
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.
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Mar 16, 2024 | 
medium.com | Kevin Small
In the relentless pursuit of personal and professional excellence, an innovative solution has emerged, promising to unlock the latent potential within our minds: The Genius Wave. This unique audio brain stimulation program, pioneered by Dr. James Rivers — a distinguished MIT-trained neuroscientist with decades of research — aims to activate the brain’s Theta waves, thereby unlocking hidden genius abilities.
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Mar 5, 2024 | 
lexblog.com | Syed S. Ahmad |Kevin Small |Jae Lynn Huckaba
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.
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Mar 5, 2024 | 
lexology.com | Syed S. Ahmad |Kevin Small |Jae Lynn Huckaba
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.
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Sep 12, 2023 | 
lexblog.com | Kevin Small
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.
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Jul 28, 2023 | 
lexblog.com | Andrea DeField |Kevin Small |Adriana Pérez
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. In 2017, Merck, like many other companies, was the victim of a NotPetya malware attack.
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May 18, 2023 | 
lexology.com | Patrick M. McDermott |Syed S. Ahmad |Kevin Small
This practice note addresses the fundamental aspects of representations and warranties insurance. It provides an overview of representations and warranties insurance and the underwriting of representations and warranties policies. The practice note also delves into the various aspects of representations and warranties insurance claims, coverage, and dispute resolution.
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May 17, 2023 | 
lexblog.com | Andrea DeField |Kevin Small |Adriana Pérez
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.
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May 15, 2023 | 
lexblog.com | Michael Levine |Kevin Small |Olivia G. Bushman
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.
