Tag Archives: Andrea DeField

Examining the Restatement of the Law, Liability Insurance

In 2015 and 2016, we discussed certain provisions of the then drafts of the Restatement of the Law, Liability insurance, including the Duty to Cooperate, here, and Duty to Defend, here and here. In late May 2017, the American Law Institute met to approve the Proposed Final Draft—the culmination of over seven years of work … Continue Reading

Fear of the Unknown [Cause of Contamination]: Whether an Unknown Cause of Loss Constitutes an “Occurrence”

Commercial general liability policies typically provide coverage to insureds for losses resulting from property damage caused by an “occurrence,” usually defined in the policy as “an accident, including continuous or repeated exposure to substantially the same harmful conditions.” In the context of food recalls, however, the exact cause of the food damage, whether contamination, spoilage … Continue Reading

Ensuring Equity In Private Equity Insurance Coverage: Hunton Attorneys Address Top 5 Coverage Issues For Private Equity Investors

Private equity investors face unique challenges when procuring or renewing their liability insurance programs. For example, investors typically must complete lengthy applications or sign warranty and representation letters from their prospective insurers that inquire into knowledge by any potential insured as to any acts or omissions that could potentially give rise to a claim. These … Continue Reading

Insurance Coverage for Frozen Food Recall Tops Off Hunton’s “Recall Roundup” for February

Attorneys Syed Ahmad and Jennifer White contributed to the Hunton Retail Law Resource’s “Recall Roundup” for the month of February with a discussion of Starr Surplus Lines Insurance Company’s suit against CRF Frozen Foods, LLC.  Starr seeks to rescind the a product contamination policy based on allegations that, during the insurance application process, CRF failed to … Continue Reading

Hunton Insurance Coverage Lawyer Andrea DeField Earns “Rookie of the Year” Honors At Miami Chamber of Commerce HYPE Awards

Earlier today, Hunton & Williams LLP insurance coverage lawyer Andrea DeFIeld was named “Rookie of the Year” by the Greater Miami Chamber of Commerce in their annual HYPE Awards ceremony.  The awards recognize Miami-Dade County’s brightest young professionals who have demonstrated outstanding achievements in their professions.  Andi certainly has done that, and much more, said … Continue Reading

Keeping Your Business Afloat After the Flood

Last week, nearly 200,000 people were evacuated from areas downstream of the Oroville Dam in Northern California. Today, separate recommended and mandatory evacuation orders continue for roughly 50,000 San Jose residents due to rising flood waters along Coyote Creek. Between the Oroville Dam crisis and the torrential storms battering Northern California, California businesses face significant … Continue Reading

Covered Loss + Uncovered Loss = Coverage: Florida Supreme Court Applies Concurrent Cause Doctrine To Find Coverage For Hurricane Losses

On December 1, 2016, the Florida Supreme Court held that the concurrent cause doctrine applies where multiple perils combined to create a loss even where one of those perils is excluded by the terms of the all-risk property insurance policy. The decision is a significant victory for Florida policyholders, especially where other jurisdictions have struggled … Continue Reading

Contractor Gets Boost From Amici Filings In Florida Suit Over Duty To Defend

On August 15, we wrote a blog post (which can be accessed here) about how the Eleventh Circuit certified to the Florida Supreme Court the issue of whether Florida’s pre-suit process in contractor cases, under Chapter 558 of the Florida Statutes, constitutes a “suit” under CGL policy language, which would trigger the insurer’s duty to … Continue Reading

Hunton Lawyers Author Daily Business Review Article, “After Matthew, The Insurance Storm Begins”

On October 7, 2016, an article by Hunton & Williams’ insurance lawyers Walter J. Andrews, Michael S. Levine and Andrea DeField, discussing insurance recovery options for those affected by Hurricane Matthew, was published in the Daily Business Review.  The full article is available here.  In the article, the authors discuss the types of coverage that … Continue Reading

State Farm’s Dirty Little Secret Part 2: Florida Circuit Court Releases Written Opinion on Residential Lines Reports Constituting Trade Secrets

Last month, I wrote about State Farm’s “Dirty Little Secret.” After a non-jury trial, Florida’s Second Judicial Circuit (Leon County) declared that data submitted by State Farm Florida Insurance Company (“State Farm”) to Florida’s Office of Insurance Regulation (“OIR”), as required by Fla. Stat. 624.424(10), constituted a “trade secret” under Florida law. The Circuit Court … Continue Reading

State Farm’s Dirty Little Secret: Residential Lines Reports Constitute “Trade Secrets”

On March 30, 2016, Florida’s Second Judicial Circuit (Leon County) declared that the personal and commercial residential policy data and report submitted by State Farm Florida Insurance Company (“State Farm”) to Florida’s Office of Insurance Regulation (“OIR”) constitute trade secrets under Florida law and are thus immune from public disclosure under Florida’s Public Records Act. … Continue Reading

Florida Supreme Court: When it Comes to UM Damages Verdicts and Bad Faith, “What is Good for the Goose is Good for the Gander”

On Thursday, Florida’s highest court held that prior to litigating a first-party bad faith action arising from an uninsured/underinsured motorist (“UM”) case, an insured is entitled to a jury determination of liability and the full extent of potentially recoverable damages, even if in excess of policy limits.  Fridman v. Safeco Ins. Co. of Illinois, No. … Continue Reading

Under Separate Cover: Florida’s Third DCA Finds Coverage for Additional Insureds Under Policy’s Separation of Insureds Provision

Florida’s Third District Court of Appeals held on Wednesday that a general liability policy’s absolute employer’s liability provision did not preclude coverage for injuries sustained by an employee at a work event located on the property of an additional insured because of the policy’s separation of insureds provision. In Taylor v. Admiral Insurance Co., No. 3D14-720 … Continue Reading

No Consent? No Problem: Florida Appellate Court Upholds Post-Loss Assignment of Policy Benefits

Florida’s Second District Court of Appeals ruled on Friday that a homeowner’s insurance policy provision restricting assignment without the insurer’s consent does not restrict the post-loss assignment of policy benefits to an emergency water mitigation company, reversing the trial court’s ruling on summary judgment. In Bioscience West, Inc. v. Gulfstream Prop. & Cas. Co., the … Continue Reading
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