Much ink has been spilled about legislators’ efforts to protect businesses by ensuring business interruption coverage for losses involving COVID-19. Many have questioned the constitutionality of any such laws. But, as explained in this Law360 article by Hunton attorneys Syed Ahmad and Patrick McDermott, those questions overlook two provisions commonly found in property insurance

Much of the commentary on insurance issues arising from the COVID-19 crisis, including multiple posts on this blog, understandably has focused on recovery under first-party property policies providing business interruption coverage for losses incurred due to office closures, government orders, extra expenses, and other direct costs experienced by employers. There is a much broader

A rare public dispute concerning coverage under a representations and warranties insurance policy is being litigated in New York’s Commercial Division. Although the case is only at the motion to dismiss stage, there are some preliminary takeaways that may help other practitioners in the space avoid similar disputes. Hunton insurance lawyers, Syed S. Ahmad,

Hunton Andrews Kurth LLP is proud to announce that associate Latosha Ellis is running for Secretary of the Women’s Bar Association of DC! We strongly support Latosha’s campaign and encourage you to vote for your favorite candidate via the email ballot circulated to all current members in good standing. If you did not receive a ballot or need to check your membership status, contact admin@wbadc.org. Polls close on April 10th so cast your votes today!

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The members of Hunton’s Insurance Recovery group present regularly on today’s hot topic insurance coverage issues. Upcoming insurance presentations for March 2020 include:

Earlier last week, Hunton insurance partner Michael Levine spoke with Business Insurance about the mounting concerns over insuring Coronavirus-related business income and supply chain losses.  As of today, almost 80,000 cases have been reported world-wide and more than 2,250 are confirmed to have died as a result of the disease.  Companies across the globe have been impacted, with loss of materials, markets and distribution representing a common thread among reported losses and disruptions.  But these “supply chain” losses may be compensable through insurance.  Policyholders will be forced to evaluate complex policy provisions and endorsements to ascertain whether their insurance program should respond.  In particular, policyholders must determine whether their policy wording requires some element of physical loss or damage to property to trigger business interruption or contingent business interruption coverage.  Even where such a requirement exists, however, some policies are written so that loss of use of property is sufficient to implicate coverage.  Likewise, questions exist concerning contamination to property, and whether that too may constitute physical loss, damage or loss of use.  For these reasons, among others, Levine explained to Business Insurance that “contingent business interruption . . . is going to be one of the battlegrounds, if not the main battleground, particularly in the supply chain area.” Levine further noted that claims could be complicated by the physical damage requirement.

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A Maryland federal court recently awarded summary judgment to National Ink and Stitch, finding coverage for a cyber-attack under a non-cyber insurance policy after the insured’s server and networked computer system were damaged as a result of a ransomware attack.  We discussed the significance of the decision in a January 27 blog post that can be found here.

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The members of Hunton’s Insurance Recovery group present regularly on today’s hot topic insurance coverage issues. Upcoming insurance presentations for February 2020 include: