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Articles by Scott P. DeVries
Microscopic Soot, Major Win: Policyholder Coverage Expands
In a recent opinion, the 8th Circuit rejected an insurer’s attempt to expand insurer victories in a COVID-19 context to other more traditional claims of property damage. Reaffirming long standing principles, the court held soot and water damage associated with a fire constituted “direct physical loss or damage” under a commercial property insurance policy.
Fifth Circuit Reminds Insurers Why Every Word Matters
A recent decision by the Fifth Circuit illustrates an important principle in insurance coverage disputes: The wording of insurance policies and basic grammar principles are important to coverage determinations, placing the onus on the insurers that draft insurance contracts to use clear and unambiguous language, especially in seeking to deny coverage based on exclusions. In Paloma Resources, L.L.C. v. Axis Ins. Co., No. 22-20228 (5th Cir.
Fifth Circuit Reminds Insurers Why Every Word Matters
A recent decision by the Fifth Circuit illustrates an important principle in insurance coverage disputes: The wording of insurance policies and basic grammar principles are important to coverage determinations, placing the onus on the insurers that draft insurance contracts to use clear and unambiguous language, especially in seeking to deny coverage based on exclusions. In Paloma Resources, L.L.C. v. Axis Ins. Co., No. 22-20228 (5th Cir.
Windy City Wins: Seventh Circuit Backs Coverage for Chicago’s $3.75M in Attorneys’ Fees
In a significant decision, Starstone Ins. SE v. City of Chicago, No. 23-2712 (7th Cir. Apr. 02, 2025), the US Court of Appeals for the Seventh Circuit has ruled that an insurer must cover $3.75 million in attorney fees incurred by the city of Chicago in an underlying civil rights lawsuit that settled for over $18 million. This coverage dispute arose from an underlying lawsuit involving a man who served over 20 years in prison for murder.
Where There’s Smoke, Is There Coverage?
For policyholders, insurance is meant to provide peace of mind—a promise that when disaster strikes, they’ll have financial support to rebuild and recover. But as two recent cases show, the question of what qualifies as covered “direct physical loss or damage” can lead to drastically different outcomes in court. In two recent California cases, policyholders sought coverage after wildfire smoke and debris affected their properties. One court, in Bottega, LLC v.
Where There’s Smoke, Is There Coverage?
Recent California cases show how courts differ on whether smoke contamination qualifies as “direct physical loss,” with one ruling for the policyholder (Bottega) and another for the insurer (Gharibian). Explicit smoke damage coverage can simplify claims, while strong evidence, such as expert testimony on contamination effects, can assist in proving a loss. Insurers may challenge smoke-related claims, arguing damage is superficial and transient.
Minnesota AG Publishes Report on the Negative Effects of AI and Social Media Use on Minors
Skip to main content February 13, 2025 Volume XV, Number 44 Legal Analysis. Expertly Written. Quickly Found.
Criminal Charges Lodged Against Alleged Phobos Ransomware Affiliates
Unfortunately, I’ve had unpleasant dealings with the Phobos ransomware group. My interactions with Phobos have been fodder for a good story when I educate client employees on recent cyber-attacks to prevent them from becoming victims. The story highlights how these ransomware groups, including Phobos, are sophisticated criminal organizations with managerial hierarchy. They use common slang in their communications and have to get “authority” to negotiate a ransom. It’s a strange world.
Next Steps for Policyholders in the Aftermath of the California Wildfires
Skip to main content January 28, 2025 Volume XV, Number 28 Legal Analysis. Expertly Written. Quickly Found.
Eleventh Circuit Rules Third Party Claims Unnecessary To Trigger Employee Benefits Liability Coverage
A robust employee benefits program is critical to the success of any business. Of the types of benefits offered, a 401(k) retirement plan is as crucial as any. Businesses that administer such programs can protect themselves through Employee Benefits Liability coverage which is intended to cover errors and omissions in the administration of employee benefit programs.
Social inflation and decades of insurance litigation abuse
PartnerRe said in a 2010 white paper that social inflation is the increase in insurance losses caused by higher jury awards; more liberal treatment of claims by workers' compensation boards; and increased use of social media, among several other factors. (Credit: syahrir/Adobe Stock) The scourge of legal abuse in insurance is hardly new or even recent but rather has been insidiously growing throughout the industry for decades.
Calif. Supreme Court continues vertical exhaustion trend
When negotiating new insurance contracts, policyholders should consider obtaining assistance from insurance coverage counsel to seek inclusion of terms that accommodate vertical exhaustion. (Credit: Free use image/ALM archives) California law has become more favorable toward companies facing liabilities based on alleged events spanning multiple years.
Social Media and Insurance Coverage: The Next Emerging Trend
Human beings are social creatures. In today’s world, social media platforms are ever-growing and there are more users than ever before. But, at what cost? The use of social media has consequences. Policyholders should look to their CGL insurers for defense coverage, under Coverage A or Coverage B.
Social Media and Insurance Coverage: The Next Emerging Trend
Human beings are social creatures. In today’s world, social media platforms are ever-growing and there are more users than ever before. But, at what cost? The use of social media has consequences. Policyholders should look to their CGL insurers for defense coverage, under Coverage A or Coverage B.
D&O Can Be a Source of Coverage for Opioid Suits
Courts nationwide have issued a wide range of decisions on insurance coverage for lawsuits arising out of the opioid epidemic under commercial general liability policies. On August 17, 2023, a North Carolina federal court illustrated why coverage is also available under Directors and Officers (D&O) liability insurance policies. In The North Carolina Mutual Whole Company v.
D&O Can Be a Source of Coverage for Opioid Suits
Courts nationwide have issued a wide range of decisions on insurance coverage for lawsuits arising out of the opioid epidemic under commercial general liability policies. On August 17, 2023, a North Carolina federal court illustrated why coverage is also available under Directors and Officers (D&O) liability insurance policies. In The North Carolina Mutual Whole Company v.
The Heated Debate Over the California Department of Insurance’s Heat Community Policy and Parametric Underwriting
Extreme weather events—such as heat waves, wildfires, hurricanes, and tornadoes—may create major protection gaps for insureds. In California, rising temperatures and massive heat waves have led the California Department of Insurance (the “Department”) to rethink risk solutions and insurance programs that protect the state’s communities from the risks associated with extreme heat.
The Heated Debate Over the California Department of Insurance’s Heat Community Policy and Parametric Underwriting
Extreme weather events—such as heat waves, wildfires, hurricanes, and tornadoes—may create major protection gaps for insureds. In California, rising temperatures and massive heat waves have led the California Department of Insurance (the “Department”) to rethink risk solutions and insurance programs that protect the state’s communities from the risks associated with extreme heat.
NFT Service Brings Litigation Into the Metaverse!
Blockchain technology has been touted as inherently reliable for years. More recently, collectors of Non-Fungible Tokens (NFTs) have explored expanded uses for that novel technology. Some courts have bought in and, in doing so, recently authorized a use that perhaps no one had imagined when NFTs first entered the mainstream: service of process. In Bandyopadhyay v.
Scott DeVries Insurance Lawyer Hunton Andrews Kurth Law Firm
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Coverage for Rotten Eggs: Livestock Coverage in the Event of a Crisis
Thursday, February 23, 2023 The surge in prices for eggs—the fourth most-purchased US grocery item—over the past months has surprised many American shoppers. Last December, a dozen eggs cost $4.25 on average; 120% higher than at the same time in 2021. The price hike stems from many factors, including supply chain issues and inflation. But the primary culprit is the outbreak of the deadliest bird flu in US history, which has killed millions of chickens.
Coverage for Rotten Eggs: Livestock Coverage in the Event of a Crisis
The surge in prices for eggs—the fourth most-purchased US grocery item—over the past months has surprised many American shoppers. Last December, a dozen eggs cost $4.25 on average; 120% higher than at the same time in 2021. The price hike stems from many factors, including supply chain issues and inflation. But the primary culprit is the outbreak of the deadliest bird flu in US history, which has killed millions of chickens.
PFAS Regulation and Insurance Coverage Implications
PFAS Regulation Per- and polyfluoroalkyl Substances ("PFAS") are a class of substances that have increasingly become the target of federal and state regulation in everything from drinking water, groundwater, site contamination, waste, air emissions, firefighting foam, personal care products, food and food packaging, and now consumer and commercial products.
PFAS Regulation and Insurance Coverage Implications
PFAS Regulation Per- and polyfluoroalkyl Substances (“PFAS”) are a class of substances that have increasingly become the target of federal and state regulation in everything from drinking water, groundwater, site contamination, waste, air emissions, firefighting foam, personal care products, food and food packaging, and now consumer and commercial products.
Digital Asset Insurance Coverage Series, Part 7: Insurance for NFTs
As we have discussed in prior parts of this series, the insurance industry has developed an array of policies specifically tailored to cover cryptocurrency claims, and some of these policies may also cover certain NFT claims. Separate and apart from these tailored policies, policyholders with NFT claims also may look to traditional forms of insurance. NFTs are collectible and one of a kind, yet digital.
Digital Asset Insurance Coverage Series, Part 6: Brokers And Cryptocurrency Insurance
Several of the largest brokers have developed a considerable bench. For example, Marsh has a Digital Asset Risk Team (DART);[1] Lockton has its Lockton Emerging Asset Protection Team (LEAP)[2] and Aon and others have their own teams.[3] There are multiple advantages to procuring cryptocurrency insurance through brokers that have deep experience in this particular area of insurance. These may include: Access to markets—especially overseas markets like London.
Digital Asset Insurance Coverage Series, Part 5: How Companies And Consumers With Cryptocurrency Risk Approach Insurance
Last week’s discussion focused on the evolution of the insurance marketplace for digital assets. This section focuses on the marketplace as it now exists, providing examples of products being bought by companies and consumers facing cryptocurrency risks. Cryptocurrency theft is no abstract concept. As Bloomberg reported in January 2022, “Crypto.com said customer accounts that held about $34 million in cryptocurrencies and cash were hit by unauthorized withdrawals.
Digital Asset Insurance Coverage Series, Part 4: History Of Insurance Coverage Specifically Designed For Cryptocurrency
In the 18th Century, underwriting desks at what came to be known as Lloyd’s of London were developed to share or transfer risks associated with shipping.[1] Availability of risk sharing, or insurance, provided protection for maritime investors and facilitated increased levels of investment and thus increased levels of maritime activity. Risk transfer has become an essential part of the development of a marketplace for many products.
Digital Asset Insurance Coverage Series, Part 3: How Traditional Insurance Products Can Help Protect Policyholders From Loss And Liability Related To Digital Assets
In the early years of cryptocurrency, there were no crypto-specific insurance coverages. Instead, policyholders sustaining losses were left to try to access coverage under traditional insurance policies such as: Directors and officers policies (breach of duty, securities violation, regulatory investigation).
Digital Asset Insurance Coverage Series, Part 2: Who Can Incur Losses Associated With Digital Assets And What Are The Potential Risks Of Loss And Liability Related To Digital Assets?
Who can incur losses associated with cryptocurrency or digital assets? The real question is who uses them. Among the most obvious users would be exchanges in which cryptocurrency is traded. It has been reported that the largest insurance market in the cryptocurrency industry consists of exchanges that insure against thefts from cryptocurrency hackers. Among the more prominent exchanges are Coinbase, Crypto.com and Gemini.
Hunton Insurance Group Advises Policyholders on Issues That Arise With Insurance Coverage for Digital Assets, Specifically Cryptocurrency and NFTs - A Seven-Part Series - LexBlog
Crypto markets are experiencing the greatest crash in their history to date. The value of a Bitcoin (BTC) has plummeted 70% from its peak and Ethereum (ETH) has fallen 77%.
NY Federal Court Rules Insurer Must Cover Policyholder’s Landlords Under Lease Agreement’s Indemnity Provision
Last week, a New York federal court ruled that an insurer’s “exceedingly broad duty to defend the insured” extended to the policyholder’s indemnification of its landlords in an underlying tort claim. ConMed Corporation (“ConMed”), a medical technology company, filed suit against Federal Insurance Company (“Federal”), a division of Chubb, alleging that Federal breached the terms of its insurance contract when it refused to defend ConMed’s landlords in a Georgia lawsuit.
Wildfire Insurance Coverage Series, Part 7: How to Successfully Prepare, Submit and Negotiate the Claim
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Wildfire Insurance Coverage Series, Part 7: How to Successfully Prepare, Submit and Negotiate the Claim
Prior posts in this series have discussed insurance coverage issues that pertain directly to wildfire claims, but we have not yet addressed how one proceeds following a loss. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss the preparation, submission and negotiation of the insurance claim. Preparing a Claim As different policies provide different timelines, where possible, it is advisable to submit the claim as soon as reasonably possible.
Wildfire Insurance Coverage Series, Part 6: Ensuring Availability of Insurance and State Regulations
Because of the potential exposure associated with wildfires, many insurers have attempted to withdraw from the property coverage market in various states. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss the challenges businesses and individuals face in obtaining wildfire insurance coverage, and the regulatory scheme that is intended to help them secure adequate coverage.
Wildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential Recovery
Insurance policies provide different levels of insurance coverage and even if the amount purchased was adequate at one time, developments over time (e.g., inflation, upgrades, regulatory changes and surge pricing) may leave the policyholder underinsured. In this post in the Blog’s Wildfire Insurance Coverage Series, we emphasize the need for policyholders to take a close look at the policy’s terms to select the right type and amount of coverage for a potential loss.
Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses
Business loss is not limited to fire or smoke damage to its own property – it often arises from damage to the supply chain. In this post in the Blog’s Wildfire Insurance Coverage Series, we look at what coverage may exist when wildfire damages an entity’s supply chain. In many instances, while the insured property does not sustain fire or smoke damage, wildfires can wreak havoc on the business supply chain. For some, contingent business interruption coverage may be a solution.
Wildfire Insurance Coverage Series, Part 3: Standard Form Policy Exclusions
Even when claims are within the scope of coverage, insurers often rely on exclusions in an attempt to avoid coverage for wildfire claims. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss the interplay between coverage grants and exclusions, and the “anti-concurrent cause” provision. Insurers may cite exclusions in an attempt to reduce or avoid liability.
Wildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related Damages
For many policyholders, smoke emanating from wildfire causes as much if not more damage than the fire itself. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss damages caused by smoke emanating from wildfires. Some insurers argue that policies are limited to fire damage to the insured property and do not include smoke damage associated with nearby fires.
Hunton Insurance Group Advises Policyholders on Issues That Arise With Wildfire Claims and Coverage - A Seven-Part Wildfire Insurance Coverage Series
Wildfires destroy millions of acres a year in the United States, spewing smoke across much of the nation. The cost of damage alone over the past several years soars into the hundreds of billions. As wildfires continue to spread, particularly as we enter wildfire season, policyholders’ claims will rise and with that, so too will wildfire insurance coverage issues.
A Win for Policyholders Who Are Victims of Fraudulent Bank Transfer Schemes
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Recently, the Ninth Circuit dealt with a case involving a scenario that is becoming all too common. In Ernst & Haas Mgmt. Co., Inc. v. Hiscox, Inc., 23 F.4th 1195 (9th Cir. 2022), a property management company’s accounts payable clerk received several e-mails from her supervisor instructing her to pay some invoices. Unbeknownst to the clerk, these e-mails did not originate with her supervisor, but were actually part of a fraudulent scheme to elicit fraudulent bank transfers.
Ninth Circuit Decisions Reject Coverage for COVID Orders, Leaving Door Open for Cases Presenting Damage Claims
October 07, 2021 Competition Currents October 2021 | Greater China & Japan by: Andrew G. Berg and Gregory J. Casas Recent Activity on Infant and Child Safety by: Kristin M. McGaver and Erik K. Swanholt Why Section 1202 and QSBS is So Important to Startup Founders,... by: Paul Z. Rothstein and John Eatman What Price Transparency?: California SB 650 Shines Light on Skilled... by: Kenneth Yood and Hector M. Grajeda WOSB/EDWOSB Amendments to the FAR Are Here by: Aron C.
Cybersecurity Controls as the Workforce Returns
The COVID-19 pandemic has forced organizations to quickly implement contingency plans to sustain their operations. For those businesses that have remained operational, IT and security teams have often been so focused on securing their newly remote workforces that they have had little time to consider the additional security challenges from employees slowly returning to the office.
Managing Stress and Employee Burnout
Stress is an inevitable part of work, but when it gets out of hand, it is bad for both the business and employees. Increasingly, many workers are not only suffering from stress, but a more severe and prolonged condition that experts formally define as “burnout.” Just last year, the World Health Organization (WHO) recognized burnout as a syndrome in the International Classification of Diseases (ICD-11). Previously, burnout was simply characterized by exhaustion.
Compliance Operations During COVID-19
Compliance is a critical function that receives attention from both internal audit teams and regulatory and legislative agencies. Given the sensitivity of their work, compliance functions have traditionally been office-based, existing on a secured floor or area within the organization.
Fewer Companies Taking Cyberrisk Mitigation Steps
Concerns about threats and the volume of cyberattacks experienced have increased during the pandemic, yet fewer companies have taken steps to mitigate cyberrisk than even a year ago, according to the 2020 Travelers Risk Index. Of the 1,200 business leaders surveyed, 22% said their company had experienced a cyber event this year.
CPRA and the Evolution of Data Compliance Risks
Although it has been less than a year since the implementation of the California Consumer Privacy Act (CCPA), Californians will once again vote on consumer privacy laws in the November election. Also known as Proposition 24, the new California Privacy Rights Act (CPRA) aims to enhance consumer privacy protections by clarifying and building on the expectations and obligations of the CCPA.
Tips for Filing Successful Wildfire Claims
Sparked by both lightning storms and a “gender reveal” gone wrong, this year’s devastating wildfires had claimed more than five million acres on the West Coast of the United States by mid-October, causing substantial damage and contaminating the air with dangerous amounts of smoke from California to Washington State. Experts anticipate that the fires will keep burning throughout the year and into 2021. Accuweather founder and CEO Dr. Joel N.
COVID-19 Business Interruption Coverage: A Policyholder's Perspective
Commentary As in other high-stakes coverage litigation, some insurers can be expected to advance innumerable arguments concerning limits, exclusions or other terms, pushing off the day of reckoning as long as possible, says Hunton Andrews Kurth’s Scott DeVries and Lorelie Masters. Lorelie S. Masters and Scott P. DeVries with Hunton Andrews Kurth. (Courtesy photo) Nearly 20 million Americans have lost their jobs because of the COVID-19 pandemic. Many have lost their health care.
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