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Articles by Evan Warshauer
Neat Result for Policyholders-SDNY Sides with Distillery in Collapse Dispute
Earlier this month, the Southern District of New York issued an opinion in The Vale Fox Distillery LLC v. Central Mutual Insurance Company, No. 24-cv-4169 (S.D.N.Y.), which concerned a catastrophic collapse of storage racks holding whiskey barrels at Vale Fox’s distillery, destroying over $2.5 million worth of aging single malt whiskey. The court determined there was coverage for Vale Fox’s loss but left the issue of valuation to be determined another day.
'Occurrence' Lessons From Policyholder's COVID Ruling Win
The Minnesota Court of Appeals recently handed policyholders an important win in Life Time Inc. v. Zurich American Insurance Co., reversing a trial court ruling that had capped coverage under a... To view the full article, register now.
'Occurrence' Lessons From Policyholder's COVID Ruling Win
By Evan Warshauer and Koorosh Talieh ( September 19, 2025, 4:43 PM EDT) -- The Minnesota Court of Appeals recently handed policyholders an important win in Life Time Inc. v. Zurich American Insurance Co., reversing a trial court ruling that had capped coverage under a communicable disease endorsement of a commercial property policy at the $1 million per-occurrence limit.... Law360 is on it, so you are, too.
How Insurance Can Address Rising Threats to International Shipping
The recent series of trade-related supply chain disruptions, along with the imposition of new tariffs, have intensified the demand for comprehensive risk-mitigation tools and insurance offerings. Following are some options available to policyholders who are seeking to strengthen their safety nets against the mounting risks associated with global trade.
FTC Announces Increase to Telemarketer Fees to Access National Do Not Call Registry
On August 27, 2025, the Federal Trade Commission announced that fees for telemarketers to access phone numbers listed on the National Do Not Call Registry (“DNC Registry”) will increase effective October 1, 2025. Telemarketers calling consumers in the United States must access the DNC Registry to ensure they do not call consumers listed on the Registry. An annual subscription is required to access the DNC Registry.
Shutting Down Insurer’s One-Occurrence Argument: Minnesota Court of Appeals Issues Important Win for Policyholders
The Minnesota Court of Appeals recently handed policyholders an important win in Life Time, Inc. v. Zurich American Insurance Co., reversing a trial court ruling that had capped coverage under a communicable disease endorsement at the $1 million per occurrence limit. Relying on the express language of the communicable disease coverage at issue, the appellate court held that government shutdown orders—not the COVID-19 pandemic itself—constituted the operative “occurrences” under Life Time’s policy.
Ticking Financial Time Bomb: Eleventh Circuit Reaffirms Insurer’s Duty to Initiate Settlement in Florida Bad Faith Case
In April 2025, the Eleventh Circuit reversed a judgment against a Florida lodge and held that a jury should determine whether the failure of the lodge’s insurer to initiate settlement proceedings before a claim was filed constituted bad faith.
New York federal court reinforces importance of forum selection for insurance disputes
A gavel and a block is pictured at the George Glazer Gallery antique store in this illustration picture taken in Manhattan, New York City, U.S., August 18, 2020. REUTERS/Andrew Kelly/Illustration Purchase Licensing Rights , opens new tab Companies Continental Casualty Co. Hunton Andrews Kurth LLP Lockheed Martin Corp. October 04, 2024 - In insurance coverage disputes, the question of which state's law governs the policy often controls the availability and scope of coverage.
New York federal court reinforces importance of forum selection for insurance disputes
(October 04, 2024) - Syed S. Ahmad, Geoffrey B. Fehling and Evan J. Warshauer of Hunton Andrews Kurth LLP analyze a New York federal judge's recent decision to grant an insured's motion to transfer venue in a coverage matter, highlighting key considerations related to forum selection and related strategy. In insurance coverage disputes, the question of which state's law governs the policy often controls the availability and scope of coverage.
Real Protection for Real Estate Assets: Court Ruling Reinforces Importance of D&O Insurance
Earlier this month, an Illinois federal district court held that a liability insurer had no duty to defend or indemnify a property management company or its owner in lawsuits that included allegations of intentional conduct. The suits accused the owner of concealing financial information from and engaging in a scheme to increase tax liability and decrease profit distributions to a minority owner.
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