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Articles by Andrea DeField
When Two Words Do Not Necessarily Do Two Jobs- Legal Doublets and Surplusage in Insurance Policies
“Loss or damage.” “Caused by or resulting from.” “Faulty, inadequate or defective.” “Direct physical loss of or damage to.” In coverage litigation, phrases like these can launch a familiar argument: if an insurance policy uses two different words, each must mean something different. Otherwise, one of them is surplusage. That argument can have force. But it does not always carry the day. As the Supreme Court cautioned in Rimini Street, Inc. v.
Celebrating Freedom: The Overlooked Freedom to Contract in Commercial Insurance
Happy 4th and 250 years of freedom . . . to contract! Many policyholders assume insurance policies are “standard” and must be accepted as-is. That assumption is often wrong—and dangerously limiting. Unlike many consumer insurance markets, the commercial insurance realm preserves a robust “freedom to contract,” allowing sophisticated policyholders to negotiate terms, exclusions, definitions, and limits before a policy is even issued.
Hurricane Irma coverage-lawsuit reversal pokes holes in Lloyd's defense
The mantra "delay, deny, defend" is often referenced in critiques of insurance claims handling. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida's Fourth District Court of Appeals when it handed policyholders a win in Hypoluxo Mariner's Cay Condo. Ass'n, Inc. v.
Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal
The mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in Hypoluxo Mariner’s Cay Condo. Ass’n, Inc. v.
Fraud Surpasses Ransomware as Top Cyber Risk, But Insurance Can Help
As Q2 of 2026 gets underway, cyber insurance trends are already pointing in a new direction, with cyber-enabled fraud surpassing ransomware as the risk causing the biggest concern for C-suite executives. This shift accentuates the reality that fraud losses continue to balloon and that many policyholders are surprised that these losses are often covered only in part, or not at all, under many cyber insurance policies.
Risk Management Strategies for Protecting Fine Art
Whether on display in a gallery, office building or private collection, fine art is both a source of aesthetic beauty and a valuable investment. But unlike other investments, art is vulnerable to a host of unique risks. These range from the basic, like accidental loss or damage caused in transit, to the dynamic, like theft, intentional harm, late-detected forgery and faked provenance. Managing risks associated with fine art requires a forward-thinking, holistic approach.
Texas Court Issues Win for Cyber Policy Holders in CiCi v HSB Ins
In the rarely litigated space of cyber insurance, the Northern District of Texas issued a win for cyber policyholders this week, offering a clear reminder to insurers that if they want to restrict coverage, they must draft the policy to clearly do so. In CiCi Enterprises, LP v. HSB Specialty Insurance Company, the court held that a Ransomware Event Sublimit Endorsement did not cap CiCi’s recovery to $250,000.
Court Refuses to Slice Up CiCi’s Cyber Extortion Coverage
In the rarely litigated space of cyber insurance, the Northern District of Texas issued a win for cyber policyholders this week, offering a clear reminder to insurers that if they want to restrict coverage, they must draft the policy to clearly do so. In CiCi Enterprises, LP v. HSB Specialty Insurance Company, the court held that a Ransomware Event Sublimit Endorsement did not cap CiCi’s recovery to $250,000.
Prevent Ransomware Attacks From Ruining Your New Year
While the holiday season brings joy to many, it can be a stressful time for businesses. Cyberattacks often spike during weekends and holidays when businesses are less vigilant and slower to detect unusual activity. This reduced oversight creates an opportunity for attackers to exploit weaknesses and cause significant disruption.
From Trusted Partner to Target: Cybersecurity Vendors in the Liability Spotlight
(l-r) Andrea DeField, Veronica Adams, and Madalyn Moore of Hunton Andrews Kurth. Courtesy photos As cyber incidents continue to increase, and threat actors continue to become more sophisticated, insurance companies are often left with little or no recovery after paying a policyholder for their losses from a cyber incident.
Court Rejects Insurer’s Prior Knowledge Defense
The Northern District of California recently rejected an insurer’s attempt at avoiding its duty to defend the insured based on erroneous application of a prior knowledge exclusion.
Court Hands Policyholder Win in Prior Notice Exclusion Case
The Northern District of California recently rejected an insurer’s attempt at avoiding its duty to defend the insured based on erroneous application of a prior knowledge exclusion.
Three Things To Know For Builder's Risk Insurance in Peak Hurrica
The United States recently dodged direct hits by Hurricanes Erin and Imelda, but those in the construction industry are still in the cone of uncertainty when it comes to protecting their projects this hurricane season. According to NOAA, 93% of hurricane landfalls along the U.S. Gulf and East coasts occur between August and October. Property owners and contractors should approach insurance coverage for peak hurricane season with Category 5 focus.
Ambiguity in Cyber Policy Favors Coverage in New Mexico Decision
A New Mexico Court of Appeals decision illustrates that when a policy term is undefined and ambiguous, the term must be interpreted liberally and in favor of coverage. In Kane v. Syndicate 2623-623 Lloyd’s of London, 2025 WL 1733046 (N.M. Ct. App.
“For” the Sake of Clarity: Ambiguity in Cyber Policy Favors Coverage
A New Mexico Court of Appeals decision illustrates that when a policy term is undefined and ambiguous, the term must be interpreted liberally and in favor of coverage. In Kane v. Syndicate 2623-623 Lloyd’s of London, 2025 WL 1733046 (N.M. Ct. App.
CPPA Finalizes DROP Regulations Under the California Delete Act
Skip to main content October 08, 2025 Volume XV, Number 281 Legal Analysis. Expertly Written. Quickly Found. Trending News California’s New Delete Request Tool Impacts Data Brokers and Residents Print Mail Download />i On September 26, 2025, following a public comment period, the California Privacy Protection Agency (“CPPA”) adopted its regulations concerning the Delete Request and Opt-Out Platform (“DROP”).
Policyholder Plot Twist: Cyber Insurer Sues Policyholder’s Cyber Pros
When a cyber incident occurs and the insurer pays out the claim, they often face the frustrating reality that pursuing the actual criminals – the threat actors – for indemnification is virtually impossible. Thus, insurers are now turning to subrogation claims against the very cybersecurity vendors entrusted by policyholders to protect their systems.
Behind the Scenes Insurance Drama: Unraveling the Coverage Battle Around “It Ends With Us”
While millions have been captivated by Wayfarer Studio’s production of “It Ends With Us,” a lesser-known but real-life insurance drama is unfolding off-screen.
Behind the Scenes Insurance Drama: Unraveling the Coverage Battle Around “It Ends With Us”
While millions have been captivated by Wayfarer Studio’s production of “It Ends With Us,” a lesser-known but real-life insurance drama is unfolding off-screen.
A Tax on Fashion: Can Tariffs Slow Down the Fast Fashion Industry?
In the age of the "I want it cheap, and I want it now" consumer mentality, fast fashion brands primarily based in China have established and maintained dominance in the retail market. According to US Customs and Border Protection (CBP), the United States imported $66 billion in low-value packages in 2023. Additionally, between 2018 and 2021, 67.4 percent of de minimis shipments came from China and Hong Kong.
NY Fashion Workers Act-Model Protections & Registration Rules
New York is one of the largest epicenters of artistic expression, housing top fashion brands and modeling agencies alike. From striking a pose to walking down a runway, modeling has been a steady profession for many New Yorkers. Starting on June 19, all model management companies, model management groups and clients must comply with responsibilities and prohibitions set out in the New York State Fashion Workers Act (NYS Labor Law, Article 36).
SEC Cyber Disclosure Charges Highlight Role of D&O Insurance to Mitigate Cyber Risks
Following an investigation involving public companies potentially impacted by the 2020 SolarWinds software compromise, the US Securities and Exchange Commission recently charged several companies with making materially misleading disclosures regarding cybersecurity risks and intrusions.
Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
By Andrea DeField and Yaniel Abreu (October 3, 2024, 6:04 PM EDT) -- In Universal Property and Casualty Insurance Co. v. Qureshi, Florida's Fourth District Court of Appeal ruled on July 24 that the lower court had mistakenly allowed the jury to consider evidence of repair estimates in a claim for replacement cost value benefits where repairs were not actually completed.[1]... Law360 is on it, so you are, too.
Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
By Andrea DeField and Yaniel Abreu (October 3, 2024, 6:04 PM EDT) -- In Universal Property and Casualty Insurance Co. v. Qureshi, Florida's Fourth District Court of Appeal ruled on July 24 that the lower court had mistakenly allowed the jury to consider evidence of repair estimates in a claim for replacement cost value benefits where repairs were not actually completed.[1]...
Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
By Andrea DeField and Yaniel Abreu · October 3, 2024, 6:04 PM EDT In Universal Property and Casualty Insurance Co. v. Qureshi, Florida's Fourth District Court of Appeal ruled on July 24 that the lower court had mistakenly allowed the jury to consider evidence... To view the full article, register now.
From Produce to Insurance Coverage: What Businesses Concerned About Illinois Biometric Information Privacy Act (BIPA) Risks Can Learn From Tony’s Finer Foods
Just two months ago, Illinois Governor J. B. Pritzker signed significant amendments to the Illinois Biometric Information Privacy Act (BIPA). While the amendments limit businesses’ exposure to BIPA-related damages, significant BIPA exposures still persist. Given these continuing exposures, businesses should consider the protections that insurance can offer. The Illinois Appellate Court’s September 2024 decision in Tony’s Finer Foods Enterprises v.
Storm Warning—Reminder to Review Your Insurance Policy and Procedures for Hurricane Season
Skip to main content September 25, 2024 Volume XIV, Number 269 Legal Analysis. Expertly Written. Quickly Found.
Florida Policyholders Beware: Repair Estimates Insufficient To Support Claim Despite Insurer’s Breach
In Universal Prop. & Cas. Ins. Co. v. Qureshi, Florida’s Fourth District Court of Appeals recently ruled that the lower court mistakenly allowed the jury to consider evidence of repair estimates in a claim for replacement cost value benefits where repairs were not actually completed. 2024 WL 3514542, at 1 (Fla. 4th DCA 2024).
CPPA Board Discusses Upcoming Formal Rulemaking on Automated Decisionmaking Technology, Risk Assessments, Cybersecurity Audits, Insurance, and Updates to Existing Regulations
On July 16, 2024, the California Privacy Protection Agency (“CPPA”) Board held a public meeting and discussed next steps regarding its upcoming Formal Rulemaking for Automated Decisionmaking Technology, Risk Assessments, Cybersecurity Audits, Insurance, and Updates to Existing Regulations. During the meeting, the CPPA’s General Counsel stated that the agency is in the “pre-step” phase before commencing Formal Rulemaking.
If You Were Impacted by Today’s Network Outages, Time to Check Your Insurance Policy!
If your company has been impacted by today’s network outage issues, know that insurance may be able to help. Many, but not all, cyber and technology errors and omissions (“Tech E&O”) insurance policies include broad dependent business interruption coverage for losses caused by system failures of a company or vendor on which you rely to operate your business.
Medical Clearance No Longer Required for Certain Philippines Visa
Skip to main content February 21, 2024 Volume XIV, Number 52 Legal Analysis. Expertly Written. Quickly Found. Trending News Philippines | Medical Clearance No Longer Required Print Mail Download i Philippine officials issued a notice that a medical clearance is no longer required for certain nationals and visa applications. Key Points: The submission of a Bureau of Quarantine medical clearance for visa applications of certain foreign nationals is now suspended.
Netherlands | Visa-Exempt Nationals May Stay for 90 Days Beyond Their Residence Permit
Skip to main content February 21, 2024 Volume XIV, Number 52 Legal Analysis. Expertly Written. Quickly Found. Trending News Netherlands | Visa-Exempt Nationals May Stay for 90 Days Beyond Their Residence Permit Print Mail Download i Effective Feb. 15, anyone with a visa-exempt nationality is allowed to remain in the Netherlands for 90 days after their regular residence permit expires.
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 the rise, this is a story we know all too well: an unauthorized third party gains access to personally identifiable information, the company eventually detects the threat actor and leadership must decide how to respond.
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 the rise, this is a story we know all too well: an unauthorized third party gains access to personally identifiable information, the company eventually detects the threat actor and leadership must decide how to respond.
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 the rise, this is a story we know all too well: an unauthorized third party gains access to personally identifiable information, the company eventually detects the threat actor and leadership must decide how to respond.
5 Ways to Optimize Remote Work Time Tracking for Lawyers
According to a national survey sponsored by the American Bar Association (ABA), remote work options are becoming a must-have for many lawyers. 44% of surveyed individuals expressed a willingness to quit their current job if offered another with better remote work flexibility. Additionally, most participants prefer conducting pretrial hearings, depositions, and court-ordered mediations through remote means.
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 Bank v. AIG outlines how courts should evaluate insurability defenses, particularly in the absence of public policy rendering a loss uninsurable. Background Huntington National Bank v.
Cyber Insurance Lessens the Sting of Corporate Cyber Attacks
The average cost of a data breach has risen to an all-time high of $4.45 million globally and $9.48 million in the US. Cyberattacks are growing in frequency and severity as regulatory requirements, particularly for public companies, continue to increase. Fortunately for executives, a robust insurance program can mitigate the fallout from a cyberattack. Cyber insurance should be an organization’s first line of defense against cyber risks.
Cyber Insurance Lessens the Sting of Corporate Cyber Attacks
The average cost of a data breach has risen to an all-time high of $4.45 million globally and $9.48 million in the US. Cyberattacks are growing in frequency and severity as regulatory requirements, particularly for public companies, continue to increase. Fortunately for executives, a robust insurance program can mitigate the fallout from a cyberattack. Cyber insurance should be an organization’s first line of defense against cyber risks.
Record-Breaking Temperatures, Record-Breaking Claims: The Importance of Risk Mitigation to Reduce Severe Weather Costs
On August 21, 2023, Southern California was hit by its first tropical storm since 1997. The remnants of Hurricane Hilary brought record-breaking rainfall and knocked out power for thousands of Californians. This storm follows devastating wildfires in Maui, which killed over 110 people, and hot tub temperatures off the coast of Florida: the ocean reached 101 degrees (it should be just 74-88 degrees).
Record-Breaking Temperatures, Record-Breaking Claims: The Importance of Risk Mitigation to Reduce Severe Weather Costs
On August 21, 2023, Southern California was hit by its first tropical storm since 1997. The remnants of Hurricane Hilary brought record-breaking rainfall and knocked out power for thousands of Californians. This storm follows devastating wildfires in Maui, which killed over 110 people, and hot tub temperatures off the coast of Florida: the ocean reached 101 degrees (it should be just 74-88 degrees).
Maui Fires Could be Hawaii Biggest Disaster Related Insurance Payout
As Hawaii deals with the tragic aftermath of recent wildfires that have claimed more than 100 lives and more than 2,000 buildings in Maui, the potential economic fallout is just beginning to take shape. Some experts predict the losses related to the wildfires could result in the biggest disaster-related insurance payout in Hawaii’s history, with property damage alone surpassing $3.2 billion.
Maui Losses Put Wildfire Insurance Risks in Spotlight
As Hawaii deals with the tragic aftermath of recent wildfires that have claimed more than 100 lives and more than 2,000 buildings in Maui, the potential economic fallout is just beginning to take shape. Some experts predict the losses related to the wildfires could result in the biggest disaster-related insurance payout in Hawaii’s history, with property damage alone surpassing $3.2 billion.
Reducing Risks from Cyber Incidents with Cyber and D&O Insurance
Last week, we published a client alert discussing the importance of cyber and directors and officers liability insurance for companies and their executives to guard against cyber-related exposures. In today’s ever-changing threat landscape, all organizations are at risk of damaging cyber incidents, and resulting investigations and lawsuits, underscoring the importance of utilizing all tools in a company’s risk mitigation toolkit, including insurance, to address these exposures.
SEC Publishes New Rules Requiring Disclosure of Cyber Incidents
Hardly a day passes without hearing about another major cyber incident. Recent studies show that cybersecurity incidents are becoming more common, but they are also costly, with some reports estimating an average cost of $9.44 million for breaches in the US. In recognition of this mounting problem, government agencies continue to ramp up enforcement and issue new rules, regulations and other guidance aimed at curbing cyber risks.
SEC Publishes New Rules Requiring Disclosure of Cyber Incidents
Hardly a day passes without hearing about another major cyber incident. Recent studies show that cybersecurity incidents are becoming more common, but they are also costly, with some reports estimating an average cost of $9.44 million for breaches in the US. In recognition of this mounting problem, government agencies continue to ramp up enforcement and issue new rules, regulations and other guidance aimed at curbing cyber risks.
New Jersey Will Hear If War Exclusion Applies In Insurance Policy
The Supreme Court of New Jersey recently agreed to hear ACE American Insurance Company’s appeal of an Appellate Division decision finding that a war exclusion in a property insurance policy did not preclude coverage for Merck & Co., Inc.’s claim stemming from a 2017 cyberattack. We previously reported about this case here. In 2017, Merck, like many other companies, was the victim of a NotPetya malware attack.
Supreme Court of New Jersey to Hear Merck Cyberattack Case
The Supreme Court of New Jersey recently agreed to hear ACE American Insurance Company’s appeal of an Appellate Division decision finding that a war exclusion in a property insurance policy did not preclude coverage for Merck & Co., Inc.’s claim stemming from a 2017 cyberattack. We previously reported about this case here. In 2017, Merck, like many other companies, was the victim of a NotPetya malware attack.
Cyber and D&O Insurance: Maximizing Coverage for Companies and Executives from Cyber Incidents
Cyber incidents are growing in frequency and severity. Enforcement, too, is ramping up. The DOJ, FTC, and SEC are all involved in investigating potential violations of law following cyber incidents and prosecuting companies who fail to protect data. Executives are right to worry about these risks, particularly because agencies, and shareholders, have shown willingness to pursue individual directors following an incident.
Cyber and D&O insurance: maximizing coverage for companies and executives from cyber incidents
(September 5, 2023) - Hunton Andrews Kurth attorneys Lorelie S. Masters, Andrea DeField, Geoffrey B. Fehling and Charlotte Leszinske discuss insurance policies providing cyber and directors and officers liability coverage and how they can reduce corporate and individual exposure in a cyber incident. Cyber incidents are growing in frequency and severity. Enforcement, too, is ramping up.
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