A New York appellate court recently held that renewable bio-diesel fuel manufacturer BioEnergy Development Group LLC may pursue tens of millions of dollars in damages from its insurers under two all-risk insurance policies, including amounts in excess of the policy limits, where the insurers refused to pay claims in a timely manner.
Continue Reading New York Appellate Court Holds Insurers May Suffer Consequences of Delayed Payment of Energy Company Property and Business Interruption Claims

Hunton Insurance Coverage practice partner Michael Levine will be speaking in an upcoming Strafford live webinar, “Depreciation of Labor in Property Insurance Claims: Guidance From Recent Cases,” scheduled for Wednesday, October 30, 1:00pm-2:30pm EDT.
Continue Reading Hunton Insurance Coverage Partner Michael Levine to Present on the “Depreciation of Labor in Property Insurance Claims”

A coverage dispute arising as a result of property damage from Hurricane Frances, which occurred in 2004, will continue following a Florida appellate court decision in an action brought against Citizens Property Insurance Corp.
Continue Reading Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

The Supreme Court of Virginia’s decision yesterday finding no coverage for fire damage to a building is a cautionary tale for companies acquiring other companies. Erie Ins. Exch. v. EPC MD 15, LLC, 2019 WL 238168 (Va. Jan. 17, 2019). In that case, Erie Insurance issued a property insurance policy to EPC. The policy covered EPC only and did not cover any subsidiaries of EPC. EPC then acquired the sole member interest in Cyrus Square, LLC.  Following the acquisition, fire damaged a building that Cyrus Square owned.
Continue Reading Don’t Assume Your Insurance Covers A Newly Acquired Company

Hurricane Florence has yet to make landfall, but the storm has already wreaked havoc on this weekend’s college football schedule, concerts, and other events. West Virginia and NC State postponed their Saturday game indefinitely.  Rescheduling remains to be seen.  UCF and North Carolina cancelled their game outright, as did East Carolina and Virginia Tech.  Other teams relocated their games or changed dates and start times, with many offering free tickets to fans who can accommodate the last-minute changes.  The NFL also is keeping a close eye on the situation, as the storm could impact Sunday’s game between the Washington Redskins and the Indianapolis Colts at FedEx Field.  Meanwhile, non-sporting events also have been cancelled, including Alan Jackson’s concert at the North Charleston Coliseum, the Zac Brown Band’s concerts in Charlotte and Raleigh, and J. Cole’s Dreamville Festival, which alone will require the refunding of some 30,000 tickets.
Continue Reading Uncertainty About Hurricane Florence’s Impact Zone Has Caused Widespread Event Cancellations. Insurance May Cover The Financial Loss

Following the devastation of Hurricane Irma, the Florida Office of Insurance Regulation has entered an emergency order regarding insurance procedures for residential property policies to assist policyholders and streamline the claims process. The insurance commissioner’s order provides standardized requirements for claims reporting, grace periods for payment of premiums and performance of other duties by policyholders, and temporary postponement of cancellations and non-renewals. These include:
Continue Reading Florida Office Of Insurance Regulation Enters Emergency Order Regarding Hurricane Irma Claims

Hunton & Williams’ Insurance Recovery Team Head, Walter Andrews, was spotlighted in an article published in the Houston Chronicle last week regarding insurance for losses from Hurricanes Harvey and Irma. While the storms were devastating in their own unique ways – Harvey with extensive flooding; Irma with extreme wind and storm surge – both

The National Hurricane Center calls Hurricane Irma a “potentially catastrophic Category 5 Hurricane.” As the state of Florida begins evacuation procedures, Miami-based Hunton Insurance lawyers Walter Andrews and Andrea DeField provide commentary and analysis to the Daily Business Review on steps that South Florida insureds should take now in preparation for the impending storm. These include ensuring coverage for both windstorm and flood damage, as well as considering these often standard coverages in light of anticipated claims post-storm:
Continue Reading Hunton Insurance Lawyers Remind South Florida to Review Insurance Coverage Before Hurricane Irma

It has been almost a week since Hurricane Harvey came barreling down the Texas coastline as a Category-4 storm. Since that time, parts of Texas and Louisiana have been inundated with flood waters as Harvey continues to wreak havoc. Despite the fact that many of those affected have been unable to reach their homes or business to fully assess the damage because of road closures and flood waters, insureds whose businesses or homes were in the storm’s path should notify their insurers in writing now. The initial written notice should include the following information:

  • Name and contact information for the insured;
  • The location of the loss;
  • The date and time of the loss (to the extent known); and
  • A brief description of the loss.

Continue Reading The First Seven Days: Resources For Policyholders In The Aftermath Of Hurricane Harvey

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 loss arising from the flooding, the threat of flooding, landslides and the like. Fortunately, some of the damage to property and businesses can be mitigated by insurance.
Continue Reading Keeping Your Business Afloat After the Flood