Partner, Hunton Andrews Kurth LLP. Fighter for DC voting rights, autonomy and women's rights; Lawyer, author on insurance coverage issues; Bar leader.
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Articles by Lorelie Masters
Hunton Insurance Recovery Blog
In the case of County of San Bernardino v. Insurance Company of the State of Pennsylvania, the Ninth Circuit recently addressed the issue of whether general liability policies issued in the 1960s and 1970s included aggregate limits for claims arising under the premises-operations coverage in CGL policies. The difference between the policyholder’s interpretation of the policies’ limits clauses and the insurer’s interpretation was worth hundreds of millions of dollars in exposure for the insurer.
Not All Interest Is Created Equal: A Pennsylvania Decision on Excess Coverage and Appeals
In a recent opinion addressing cross‑motions for summary judgment, a Pennsylvania state court set forth a clear holding that policyholders may recover post-judgment interest under excess liability insurance policies only when the policy language expressly says so—and only when the stated conditions are met. The decision underscores the importance for policyholders to thoroughly examine the defense and payment provisions outlined in their insurance policies.
D.C. residents fight for right to self-governance
Photo by Pixabay on Pexels.com The Trump administration and Republicans in Congress are working hard to carry out their threats to “take over” the District of Columbia. They are furiously trying to eliminate D.C.’s self-rule by repealing the Home Rule Act and imposing martial law on the people of District using the National Guard and our own police force.
Important English Arbitration Act 2025 Provisions
The English Arbitration Act 2025 (2025 Act) took effect on August 1, 2025. It applies to all arbitrations and related court proceedings commenced on or after that date and reinforces London’s status as a premier arbitration destination. The 2025 Act amends the English Arbitration Act 1996 and modernizes arbitration processes and incorporates international arbitration best practices that have developed since passage of the earlier version in 1996.
Insurer Investigation Lessons From 'The Real Housewives'
Even "Real Housewives" need insurance. On Oct. 9, "Real Housewives of Potomac" star Wendy Osefo, and her husband, Edward Osefo, were indicted on charges of insurance fraud, among other charges.[1]... To view the full article, register now.
Insurer Investigation Lessons From 'The Real Housewives'
By Lorelie Masters and Madalyn Moore ( October 31, 2025, 3:34 PM EDT) -- Even "Real Housewives" need insurance. On Oct. 9, "Real Housewives of Potomac" star Wendy Osefo, and her husband, Edward Osefo, were indicted on charges of insurance fraud, among other charges.[1]... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Insurer Investigation Lessons From 'The Real Housewives'
ADVERTISEMENT Don't want ads? Subscribe or login now. By Lorelie Masters and Madalyn Moore ( October 31, 2025, 3:34 PM EDT) -- Even "Real Housewives" need insurance. On Oct. 9, "Real Housewives of Potomac" star Wendy Osefo, and her husband, Edward Osefo, were indicted on charges of insurance fraud, among other charges.[1]... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Real Housewives Star Indicted for Insurance Fraud: Lessons for Po
Even Real Housewives need insurance. Real Housewives of Potomac star Wendy Osefo, and her husband Edward, were recently indicted on charges of insurance fraud, among other charges.[1] The housewife’s predicament is a cautionary tale for those with commercial and personal lines of coverage about the investigative tools insurers may use to investigate a suspicious or large insurance claim.
Real Lessons about Insurer Investigations from the Real Housewives
Even Real Housewives need insurance. Real Housewives of Potomac star Wendy Osefo, and her husband Edward, were recently indicted on charges of insurance fraud, among other charges.[1] The housewife’s predicament is a cautionary tale for those with commercial and personal lines of coverage about the investigative tools insurers may use to investigate a suspicious or large insurance claim.
Takeaways From Alaska Justices' Pollution Exclusion Ruling
ADVERTISEMENT Don't want ads? Subscribe or login now. By Lorelie Masters, Geoffrey Fehling and Andrew Koelz · For decades, homeowners and other insurance policies have included broad pollution exclusions, often referred to as a "total pollution exclusion."... To view the full article, register now.
Who Owns the Policy vs. Who Owns the Proceeds? The Distinction Matters During Bankruptcy
One of the most important assets of a debtor’s estate in bankruptcy often is insurance purchased by the debtor before bankruptcy arises, to protect the company’s business, assets, and leaders. Insurance assets can be particularly key when the debtor’s estate faces liabilities from mass-tort suits and claims, securities and other claims relating to management of the entity before bankruptcy. However, questions often arise about who is entitled to the insurance.
Late Notice to Your Insurer? Lack of Prejudice May Be Able to Help
Most insurance policies seek notice from the insured “as soon as practicable.” In certain jurisdictions, an insurance company cannot void coverage by arguing that the insured’s notice was somehow “late” unless the insurer can show that it has been prejudiced. This is referred to as the “notice-prejudice” rule. Because insurance is a state-law issue, the law on this issue varies from state to state. Illinois follows a hybrid rule on notice.
Arrowood Indemnity Co. Liquidation: Bar Date for Claims Set for Jan. 15, 2025
The Delaware Chancery Court placed Arrowood Indemnity Company in liquidation on November 8, 2023, by a liquidation order. The court found Arrowood to be insolvent by the court, and appointed a receiver to liquidate Arrowood’s assets, evaluate any claims made against Arrowood and evaluate the payment of claims made against it.
Telecom Alert: New Emergency Alert Code; Robocall Mitigation Database NPRM; AI-Generated Robocall NPRM; USF Contribution Factor Comments [Vol. XXI, Issue 33]
The FCC adopted a new alert code for the nation’s Emergency Alert System and Wireless Emergency Alert system. The new code is designed to help save missing and endangered persons by delivering alert messages over television, radio, and wireless phones. The new alert, which is abbreviated as “MEP,” applies to missing and endangered people who do not qualify for AMBER Alerts, which are used for child abduction emergencies.
Importance of Counsel in Submitting SAFETY Act Applications
Part II of this series, Levels of Protection, addressed the levels of protection available under the SAFETY Act and their associated benefits. This post discusses how a company prepares and submits an application under the SAFETY Act to the Office of SAFETY Act Implementation (“OSAI”) and the important role outside counsel can play in that process.
With New Risks Emerging, Insurance for ESG Claims More Important than Ever
Environmental, social, and corporate governance (“ESG”) continues to be a significant focus of not only companies and the boards that run them but also regulators and the public, both of which are increasingly interested in corporate efforts to address ESG. Insurers, too, are placing a greater focus on ESG, both when underwriting policies and assessing coverage for new and emerging risks like ESG exposures.
Illinois Amends Biometric Information Privacy Act Right of Action
On May 16, 2024, the Illinois House of Representatives passed S.B. 2979, following the bill’s passage in the Illinois Senate in April. S.B. 2979 next goes to Governor J.B. Pritzker for signature. S.B. 2979 would amend the Illinois Biometric Information Privacy Act (“BIPA”) definitions and limit liability for businesses with multiple duplicative BIPA violations that relate to the same individual.
Disaster Planning and Preparation Resources for Businesses
Skip to main content June 11, 2024 Volume XIV, Number 163 Legal Analysis. Expertly Written. Quickly Found. Trending News Planning Ahead – Business Resources for Disaster Prep Print Mail Download i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print Mastodon X Buffer Flipboard Businesses today must plan for more than just supply and demand. Hurricanes, floods, fires, and other potential hazards pose serious threats to businesses everywhere.
United States | July Visa Bulletin: Advancement in Key Categories and Retrogression Across Most EB-3 Categories
Skip to main content June 11, 2024 Volume XIV, Number 163 Legal Analysis. Expertly Written. Quickly Found. Trending News United States | July Visa Bulletin: Advancement in Key Categories and Retrogression Across Most EB-3 Categories Print Mail Download i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print Mastodon X Buffer Flipboard The U.S. State Department released the July Visa Bulletin, showing advancement in key employment-based categories.
Levels of Protection Companies Can Seek Under the SAFETY Act
Part I of this series, SAFETY Act is Powerful Protection Against Emerging Liabilities, addressed the benefits of obtaining SAFETY Act coverage, including: From a reputational perspective, SAFETY Act protection provides benefits even absent a security incident: it demonstrates that a knowledgeable federal agency has examined the relevant technology and determined that it is both safe and effective.
SAFETY Act Part II: Levels of Protection
Part I of this series, SAFETY Act is Powerful Protection Against Emerging Liabilities, addressed the benefits of obtaining SAFETY Act coverage, including: From a reputational perspective, SAFETY Act protection provides benefits even absent a security incident: it demonstrates that a knowledgeable federal agency has examined the relevant technology and determined that it is both safe and effective.
SAFETY Act Series, Part 1: The SAFETY Act Is Powerful Protection Against Emerging Liabilities
The SAFETY Act is a highly effective risk management tool created to incentivize the development of anti-terrorism technologies—broadly defined—the SAFETY Act created a program to provide protections to providers of products and services meant to prevent or mitigate physical and cyber-attacks.
Illinois Court Says 7th Circuit Fumbled Illinois Law in BIPA Decision
Companies face significant exposure from privacy related claims. An increasing number of these claims result from efforts at the state level to regulate use of personal data. One key focus is Illinois’ Biometric Information Privacy Act (“BIPA”), but as lawmakers in other states continue to introduce legislation aimed at regulating the use of biometric data, more court decisions may muddy the waters regarding what conduct may be covered under a general liability policy.
Solefully Designed: Insurance Coverage Tailored for the Sneaker Industry
Major sneaker brands have capitalized on new trends in technology and social media to publicize sneaker culture. As sneakers become more popular, sneaker collections increase in value, thus increasing financial exposure for collectors and other entities in the sneaker industry. One might first think of theft, authentication, fire, floods, or market valuation as the general risks associated with sneaker collections.
Texas Amends State Data Breach Notification Law
Skip to main content November 28, 2023 Volume XIII, Number 332 Legal Analysis. Expertly Written. Quickly Found. Trending News Texas Amends State Data Breach Notification Law Print Mail Download i On May 27, 2023, Texas Governor Greg Abbott signed into law an amendment to Texas’s data breach notification law.
FTC Publishes Proposed Order Against Ed Tech Provider Edmodo
On May 22, 2023, the Federal Trade Commission announced a proposed order against education technology provider Edmodo, LLC (“Edmodo”) for violations of the Children’s Online Privacy Protection Rule (“COPPA Rule”) and Section 5 of the FTC Act.
D&O Insurance: An Essential Tool in the Evolving ESG Landscape
On September 26, 2023, KPMG published independent research showing that three-quarters of global businesses feel they are not ready for new ESG reporting regulations. KPMG’s findings are the latest reminder to businesses—and their directors and officers and other insureds—about the important role that Directors & Officers (D&O) insurance can play as businesses and organizations strive for ESG compliance and work to mitigate ESG-related risks.
D&O insurance: an essential tool in the evolving ESG landscape
(January 5, 2024) - Michael S. Levine, Lorelie S. Masters and Alex D. Pappas of Hunton Andrews Kurth LLP discuss the importance of directors and officers insurance as companies navigate litigation and new regulations involving environmental, social and governance matters. On September 26, 2023, KPMG published independent research1 showing that three-quarters of global businesses feel they are not ready for new ESG reporting regulations.
The Hunton Policyholder’s Guide to Artificial Intelligence: The Importance of Auditing AI Risk
As previewed in part 1 of our AI Policyholder’s Guide, we now discuss how businesses can assess their AI risk to ensure that they are properly positioned to secure insurance coverage should those risks come to fruition. Because no two businesses will have the same AI risk profile, businesses should consider undertaking organization-wide AI risk audits to evaluate their unique AI risk profile.
The Hunton Policyholder’s Guide to Artificial Intelligence: The Importance of Auditing AI Risk
As previewed in part 1 of our AI Policyholder’s Guide, we now discuss how businesses can assess their AI risk to ensure that they are properly positioned to secure insurance coverage should those risks come to fruition. Because no two businesses will have the same AI risk profile, businesses should consider undertaking organization-wide AI risk audits to evaluate their unique AI risk profile.
Insurance Fundamentals: “Other Insurance” Clauses
The Eleventh Circuit recently confirmed the rule that “other insurance” clauses should not be used to disadvantage policyholders. Nat’l Cas. Co. v. Georgia Sch. Bd. Ass’n – Risk Mgmt. Fund, No. 22-13779, 2023 WL 5977299, at *1 (11th Cir. Sept. 14, 2023).
Introducing The Hunton Policyholder’s Guide to Artificial Intelligence
Artificial intelligence (AI) is rapidly changing the way businesses operate, from the way we research and write, to the way data is processed, to the way inventory is measured and distributed, to the way employees are monitored and beyond. Soon, artificial intelligence might be providing life advice, saving hospital patients or accelerating the development of cities. It is already reshaping corporate America. Very few, if any, industries—including the insurance industry—are immune.
CGL policies and coverage for 'forever chemical' product liabilities (part 2)
PFAS foam on the beach near Van Ettan Lake in Oscoda, Michigan, according to the state’s Department of Environment, Great Lakes, and Energy. Credit: Michigan Department of Environment, Great Lakes, and Energy/Wikicommons Editor’s note: This is the second installment of a two-part series that looks at coverage issues surrounding PFAS, or forever chemicals as they are more colloquially called. The first part of the series is available here.
CGL policies and coverage for 'forever chemical' product liabilities (part 1)
Just as modern science changed our understanding of the risks of tobacco and a glass of red wine per night, so too have we learned that PFAS’s benefits are not without risks. PFAS have been linked to increased risks of cancer, developmental delays and reproductive irregularities. Previously thought to be stable and safe, recent studies suggest that PFAS may shed and migrate into food, air, soil, and water.
Masters Named to Benchmark Litigation’s 2023 Top 250 Women in Litigation
Hunton Partner, Lorelie S. Masters, was recently named to Benchmark Litigation’s 2023 Top 250 Women in Litigation. The publication honors the accomplishments and distinguished careers of female litigators nationwide and recognizes them as top players in their respective fields.
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.
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.
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.
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.
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.
What 6th Circ. Ruling May Portend For PFAS Coverage Cases
By Sign up now By Michael Levine, Lorelie Masters and Charlotte Leszinske · On June 13, the U.S. Court of Appeals for the Sixth Circuit rejected an insurer's attempt to avoid coverage for multiple PFAS-related underlying lawsuits, finding that the federal trial court below... To view the full article, register now.
What 6th Circ. Ruling May Portend For PFAS Coverage Cases
By Michael Levine, Lorelie Masters and Charlotte Leszinske (July 5, 2023, 3:05 PM EDT) -- On June 13, the U.S. Court of Appeals for the Sixth Circuit rejected an insurer's attempt to avoid coverage for multiple PFAS-related underlying lawsuits, finding that the federal trial court below properly had declined to exercise subject-matter jurisdiction over the dispute.... Stay ahead of the curve In the legal profession, information is the key to success.
PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
While liability for PFAS—Per- and Polyfluoroalkyl Substances, also known as “forever chemicals”—may be an emerging issue, the availability of insurance coverage for these and similar liability claims is not. “Commercial general liability,” or CGL, insurance was specifically designed to cover claims made by a company’s customers or customers of customers for resulting bodily injury and property damage. PFAS claims fit this bill.
PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
While liability for PFAS—per- and polyfluoroalkyl substances, also known as “forever chemicals”—may be an emerging issue, the availability of insurance coverage for these and similar liability claims is not. “Commercial general liability,” or CGL, insurance was specifically designed to cover claims made by a company’s customers or customers of customers for resulting bodily injury and property damage. PFAS claims fit this bill. Continue reading this article on the Hunton Insurance Recovery Blog.
Lorelie S. Masters
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PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
While liability for PFAS—Per- and Polyfluoroalkyl Substances, also known as “forever chemicals”—may be an emerging issue, the availability of insurance coverage for these and similar liability claims is not. “Commercial general liability,” or CGL, insurance was specifically designed to cover claims made by a company’s customers or customers of customers for resulting bodily injury and property damage. PFAS claims fit this bill.
Hunton Offers Amicus Support in First Circuit Review of “Surface Water” Under Massachusetts Law
Hunton’s insurance team has offered its support on behalf of amicus curie United Policyholders in a brief to the First Circuit concerning the meaning of “surface water” in the context of a broad, all-risk property insurance policy? This important question arose in a dispute between Medical Properties Trust (“MPT”), a real estate investment trust, and Zurich American Insurance Company (“Zurich”), its insurer, after water entered and destroyed Norwood Hospital.
Boots on the Ground or Hands on a Keyboard: Merck and Insurers Battle Out the War Exclusion
On June 27, 2017, the skies over New Jersey were clear and the ground steady. But Merck & Co., a New Jersey-based pharmaceutical company, was under attack. Malware ripped through its computers, damaging 40,000 of them and causing over $1.4 billion in losses. Merck was not the sole target.Dubbed “NotPetya,” the virus tore through the US economy,and did an estimated $10 billion in damage.
Boots on the Ground or Hands on a Keyboard: Merck and Insurers Battle Out the War Exclusion
On June 27, 2017, the skies over New Jersey were clear and the ground steady. But Merck & Co., a New Jersey-based pharmaceutical company, was under attack. Malware ripped through its computers, damaging 40,000 of them and causing over $1.4 billion in losses. Merck was not the sole target.[1] Dubbed “NotPetya,” the virus tore through the US economy,[2] and did an estimated $10 billion in damage.
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