Josh co-chairs McGuireWoods’ insurance recovery practice group and represents policyholders in connection with claims and litigation under D&O, E&O, professional liability, CGL, cyber and other types of insurance policies.
By Lowndes Christopher Quinlan and Joshua Davey on UncategorizedThe Fourth Circuit Restricts the Meaning of Direct Actions for purposes of Diversity Jurisdiction and Limits the Application of a Virginia Statute Meant to Protect Claimants when a Policyholder Fails to Provide Notice of a Claim Introduction In late February 2019, the Fourth Circuit issued an opinion detrimental to claimants seeking policy benefits under a… Continue Reading
By Joshua Davey and Kevin Denny on Crime Insurance,Policy InterpretationLast month, the Northern District of Georgia issued a strongly pro-insurer decision holding that a policy insuring computer fraud did not provide coverage for $11.4 million in fraudulent debit card redemptions made over the telephone. In InComm Holdings, Inc. v. Great Am. Ins. Co., No. 1:15-cv-2671-WSD, 2017 WL 1021749 (N.D. Ga. Mar. 16, 2017), the… Continue Reading
By Joshua Davey on Best Practices,Risk ManagementMost business insurance policies are issued with one-year policy terms, creating a natural opportunity for businesses, their counsel and risk managers to re-evaluate coverage each year at renewal time. Many companies fail to take advantage of this opportunity and simply renew their policies each year without considering whether their insurance needs – or the coverages… Continue Reading
By L. D. Simmons, Andrew Konia and Joshua Davey on Business Interruption,Cyber InsuranceThe Washington Post reported last week that Russian hackers had penetrated the U.S. utility grid through Burlington Electric Department, a Vermont utility. Although the utility later clarified that the attacked computer was not connected to the grid and that the connection to Russia was not confirmed, hundreds of news sources picked up the story, demonstrating… Continue Reading
By Joshua Davey on UncategorizedMost companies have Directors & Officers Liability (“D&O) insurance. As the name of the policy suggests, these polices provide coverage for lawsuits against a company’s directors and officers for acts performed in the course of their duties. But policyholders are sometimes surprised to learn that D&O policies may provide coverage in a number of other… Continue Reading
By Joshua Davey on Best PracticesAll insurance policies have provisions requiring timely notification of a loss or claim to the insurance carrier. Commercial general liability policies, for example, provide that the policyholder “must see to it that we are notified as soon as practicable of an ‘occurrence’ or an offense which may result in a claim” and that “[i]f a… Continue Reading
By Joshua Davey and McGuireWoods LLP on Cyber Insurance,General LiabilityIn a decision issued April 11, the Fourth Circuit added to a small but growing body of case law across the country finding coverage for cyber claims under traditional general liability insurance policies. In Travelers Indemnity Co. v. Portal Healthcare Solutions, LLC, No. 14-1944, − F. App’x − 2016 WL 1399517 (4th Cir. April 11, 2016),… Continue Reading