As discussed in a recent client alert, on March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, making it more difficult and costly for insurance policyholders of all sizes to sue insurers for bad faith by eliminating fee-shifting for most policyholders and requiring something “more than” negligence for bad faith claims.
Continue Reading Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Insurance Coverage Claims

Hurricane Ian is rapidly approaching the west coast of Florida and is expected to make landfall as a Category 4 hurricane near the Tampa area within the coming days. While the exact track is still being determined, there is a chance the storm may also impact insureds in Georgia and South Carolina. Now is the

Hunton insurance attorneys, Walter Andrews, Andrea DeField, and Sima Kazmir, recently published an article in the Daily Business Review, discussing the scrutiny that companies face as a result of increased cyberattacks as well as tips for your next cyber insurance renewal.
Continue Reading Hunton Andrews Kurth Attorneys Weigh In On How To Minimize Cyberattack Risks With Insurance

The 2021 Chambers and Partners rankings for Georgia insurance recovery practices and lawyers are out and Hunton Andrews Kurth has received top honors.  The rankings include Hunton Andrews Kurth’s Insurance Recovery practice and partners Lawrence J. Bracken II and Michael S. Levine, with all receiving Band 1 honors – the organization’s top-tier ranking.  “The top-level ranking of our practice in Georgia, and the work that Larry and Mike bring to our clients in Georgia, specifically, is emblematic of the work our team is doing nationwide,” said Insurance Recovery Practice Head, Walter J. Andrews.  “The Firm and I could not be more proud,” he added.
Continue Reading Hunton Andrews Kurth’s Insurance Recovery Practice, Partners Larry Bracken and Mike Levine Receive Band 1 Honors from Chambers USA in Georgia

Is it illegal for an insurer to pay the ransom demanded in a cyber extortion or ransomware attack on its insured? According to the US Department of the Treasury’s Office of Foreign Assets Control’s (“OFAC”) October 1, 2020 advisory (“OFAC Advisory”), in certain situations, it may be.
Continue Reading While OFAC Cautions Cyber Insurers About Facilitating Ransomware Payments, Policyholders Should Ensure They’re Covered

As Texas and Louisiana brace for Hurricane Laura to make landfall, policyholders in the affected regions should be making last minute preparations to ensure their properties are covered in the storm’s wake.
Continue Reading As Laura Wreaks Havoc Along The Gulf, Is Your Insurance Ready to Respond?

On August 18, 2020, the United States Court of Appeals for the Eleventh Circuit affirmed a District Court’s 2018 ruling that Sparta Insurance Company need not cover a south Florida restaurant’s lost income and extra expenses resulting from nearby road construction. But, in doing so, the appeals court appears to deviate from even its own understanding of “direct physical loss” under controlling Florida law.
Continue Reading Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

As previously reported on the Hunton Employment & Labor Perspectives Blog, workers’ compensation provides the exclusive remedy for injuries and illness that employees suffer arising out of and within the course of their employment.   Workers’ compensation provides the exclusive remedy for injuries and illness that employees suffer arising out of and within the course of their employment.  In the early stages of this pandemic, work-related travel to high impact countries or work-related exposure in a case that was being tracked by public health authorities provided support for work-related exposure.  In healthcare settings, work-related exposure will likely be established when exposure to infected patients occurs.  But in other settings and as the diseases spreads in the United States, the analysis about whether an illness is covered by workers’ compensation will be more difficult.
Continue Reading Workers Compensation, Insurance, and COVID-19

A Maryland federal court awarded summary judgment last week to policyholder National Ink in National Ink and Stitch, LLC v. State Auto Property And Casualty Insurance Company, 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.  This is significant because it demonstrates that insureds can obtain insurance coverage for cyber-attacks even if they do not have a specific cyber insurance policy.
Continue Reading Maryland Court Finds Coverage For Lost Data And Slow Computers After Ransomware Attack

A New York federal court denied AIG Specialty Insurance Company’s (“AIG”) motion to dismiss breach of contract and bad faith claims in a lawsuit filed by SS&C Technology Holdings, Inc. (“SS&C”). SS&C alleges that AIG breached its contract by failing to cover losses stemming from a cyber incident in which hackers duped the company out of millions of dollars.
Continue Reading Insurer Must Face Email Spoofing Lawsuit