A software company—Zywave, Inc. (“Zywave”)—recently filed a lawsuit in California federal court that may provide rare insight into how courts will resolve representations and warranties (“R&W”) insurance coverage disputes. Zywave purchased a buyer-side R&W policy in connection with its acquisition
Hunton Insurance Recovery Blog
Updates, Analysis and Breaking News for Commercial Policyholders
Latest from Hunton Insurance Recovery Blog - Page 2
Year in Review: Top Insurance Cases of 2023
Directors and Officers (“D&O”) and cyber-related incidents continued to make headlines while ramped up regulatory enforcement and new legislation significantly altered the insurance landscape for both policyholders and insurers. Other noteworthy decisions reinforced the importance of foundational insurance coverage principals.…
Broad Forum Clause Favors Policyholders’ Choice of Venue
The Washington Supreme Court’s recent en banc decision in Pacific Lutheran University et al. v. Certain Underwriters At Lloyd’s London et al. looked to the broad language of the forum selection clause in the governing insurance policies in upholding the…
Mitigation of Increased Risks to Retailers Through Insurance
Hunton Andrews Kurth’s 300-lawyer cross-disciplinary Retail Industry Team has released its annual 2023 Retail Industry Year in Review. The Review discusses retail industry issues that implicate multiple legal practice areas and highlights new and emerging risks retailers may encounter in…
Government Investigations and M&A Transactions: Recent California Case Highlights Potential D&O Coverage Gaps
Last week, a California federal judge held that a D&O liability insurer must advance subpoena-related defense costs on behalf of two former biotech directors and officers after the insurer could not provide conclusive evidence that the subpoenas alleged actual wrongdoing…
Data Breach Putative Class Action Questions Whether Broker Was Swift Enough in Notice and Response
While America was tuned into the big game, one California insurance broker faced its own treacherous showdown in the form of a putative class action filed on February 8, 2024 stemming from a data breach. With cyber incidents still on…
Sixth Circuit Holds Settlement for Fraudulent Transfers Insurable Under Ohio Law
D&O, E&O, and other professional liability insurers often raise the insurability, or rather “uninsurability” loss defense. Consistent with our prior analysis of the ways the Ohio district court erred in assessing insurability, the Sixth Circuit’s recent decision in Huntington National…
Judgment Proof: Reducing Litigation Exposure with Litigation Risk Insurance
It is not just your imagination: verdicts are getting bigger. So-called “nuclear verdicts” have increased in size and frequency over the past decade, particularly after the COVID-19 pandemic. Litigation risk insurance is a little known, but highly effective, option meant…
Hunton Insurance Coverage Partner Lawrence J. Bracken II Awarded Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award
On February 7, the Emory Public Interest Committee (EPIC) honored insurance coverage partner Lawrence (Larry) J. Bracken II with their 2024 Lifetime Commitment to Public Service Award at the annual EPIC Inspiration Awards. As one of the Emory University…
Andrea DeField Recognized In 2024 List of Influential Business Women By South Florida Business Journal
We are pleased to announce that Hunton Andrews Kurth LLP insurance coverage partner Andrea DeField was named to the South Florida Business Journal’s 2024 list of Influential Business Women. The award celebrates 25 women who have a strong record…