Hunton Andrews Kurth insurance practice head, Walter Andrews, recently commented to the Global Data Review regarding the infirmities underlying an Orlando, Florida federal district court’s ruling that an insurer does not have to defend its insured for damage caused by a third-party data breach.
Hunton Andrews Kurth insurance recovery associate, Andrea (Andi) DeField, was recently named among the 40 outstanding lawyers under the age of 40 in South Florida. Andi has wasted no time using her status to help raise awareness and money for cystic fibrosis research.
On September 27, Andi attended the Cystic Fibrosis Foundation 40 Under 40 kickoff, an event held annually for the past 10 years to honor the best and brightest lawyers in the South Florida community while raising much-needed funds to support the Foundation’s mission. The awards gala will be held on November 10, 2018. Andi is now part of a dedicated committee comprised of present and former honorees and other leaders in the legal industry. Together, Andi and her colleagues hope to raise the funds necessary to someday eradicate cystic fibrosis.
Andi’s fundraising website can be found here. Please consider helping Andi support this very worthwhile cause.
Hurricane Florence will affect the U.S. east coast later this week with significant damage to property and resulting business disruption. Businesses far-removed from the impact zone also will be affected as manufacturing, retail, travel and supply chains, among other industries, are disrupted by the physical damage. For those in the impact zone, knowing the fundamentals about your property insurance is critical. For those in remote locations, now is a good time to refresh yourself as well, since post-storm disruptions and losses require prompt notice to insurers and fast action to help mitigate any resulting loss. A failure on either front could jeopardize coverage.
In a victory for policyholders, and an honorable mention for Merriam-Webster’s Dictionary, a federal judge in Virginia ruled that the dispersal of concrete dust that damaged inventory stored in an aircraft part distributor’s warehouse was a pollutant, as defined by the policy, but that it also constituted “smoke” as that term was defined in the dictionary, thereby implicating an exception to the policy’s pollution exclusion. The Court then granted summary judgment for the policyholder, who had suffered a $3.2 million loss.
Hunton insurance recovery partner Syed Ahmad was recently asked by Insurance Law360 to opine concerning key insurance issues that are pending before the Wisconsin Supreme Court and ripe for decision this fall. In the article, which can be found here, Ahmad notes with respect to the case of Secura Insurance v. Ray Duerr Logging LLC, case number 2016AP299, concerning whether damage tied to a wildfire constitutes one or multiple occurrences for coverage purposes, the Court of Appeals did a good job of focusing on the particulars of the claim at hand and not superficially relying on abstract labels like “cause test” or “effects test,” that are not all that illuminating, explaining that what one party characterizes as the “cause” of a loss can often be what another party deems to be “effect” resulting in the loss.
In a recent article appearing in Florida’s Daily Business Review (available here), Hunton Insurance Recovery Practice team head, Walter Andrews, explains why phishing and whaling scams should be covered by insurance. In the article, Andrews notes that recent appellate decisions support policyholders’ reasonable expectations of coverage and reject insurers’ contentions that social engineering losses do not result directly from the use of computers. Andrews goes on to explain that should a company find itself a victim of a phishing or whaling attack, it should carefully assess its insurance coverage to determine whether it applies to the loss, including under both traditional insurance policies and specialized cyber insurance products, and not be dissuaded by their insurers’ initial denial of coverage.
In a recent post, we discussed the Sixth Circuit’s holding in American Tooling Center, Inc. v. Travelers Casualty and Surety Co. of America, No. 17-2014, 2018 WL 3404708 (6th Cir. July 13, 2018), where the Sixth Circuit reversed the district court’s summary judgment for the insurer, finding coverage under its policy for a fraudulent scheme that resulted in a $834,000.00 loss. The insurer, Travelers, has now asked the Court to reconsider its decision.
In a July 9, 2018 article appearing in Insurance Law360, Hunton Andrews Kurth insurance recovery practice head, Walter J. Andrews, explains why the Second Circuit’s decision in Medidata Solutions Inc. v. Federal Insurance Co., No. 17-2492 (2nd Cir. July 6, 2018), affirming coverage for a $4.8 million loss caused by a “phishing” e-mail attack, is a common sense application of the plain language of Medidata’s computer fraud coverage provision. As Andrews explained, “[c]learly, hijacking — or spoofing — email addresses constitutes an attack on a company’s computer system for which a reasonable policyholder should expect coverage. A computer is a computer is a computer. Everyone knows that — except for insurance companies.”
On May 30, 2018, Hunton Andrews Kurth LLP launched its Blockchain Legal Resource, a blog featuring discussion and analysis of the latest trends and developments in blockchain (distributed ledger) technology.
Hunton Andrews Kurth LLP insurance recovery partners, Lorelie Masters and Lawrence J. Bracken II, received rankings in the 2018 Chambers and Partners USA attorney rankings. Lorie received “Band 1” recognition in the Policyholder Insurance category for the District of Columbia and a “Band 2” recognition in the Dispute Resolution: Policyholder Insurance category for the Nationwide regions, while Larry received “Band 4” recognition in the General Commercial Litigation category among Georgia attorneys. Both designations are the product of the outstanding results Lorie and Larry have achieved in their respective fields, and are indicative of the level of expertise both bring to the insurance recovery practice at Hunton Andrews Kurth, LLP.