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Articles by Yaniel Abreu
The Evolving Contours of Artificial Intelligence as a D&O Exposure
A recent securities class action, Dunn v. Upstart Holdings, Inc., brought against Upstart – a fintech lender – underscores emerging AI-related D&O risks. Filed April 2026 in California federal court, the suit alleges that Upstart and its executives misled investors about the performance of its AI loan underwriting model. When Upstart’s AI Model 22 underperformed, the company’s stock plunged, prompting an investor lawsuit claiming that management knew about calibration failures.
Hunton Insurance Recovery Blog
A recent securities class action, Dunn v. Upstart Holdings, Inc., brought against Upstart – a fintech lender – underscores emerging AI-related D&O risks. Filed April 2026 in California federal court, the suit alleges that Upstart and its executives misled investors about the performance of its AI loan underwriting model. When Upstart’s AI Model 22 underperformed, the company’s stock plunged, prompting an investor lawsuit claiming that management knew about calibration failures.
Ninth Circuit Refuses to Enforce Contract Exclusion in $20 Million D&O Dispute
A recent Ninth Circuit decision—Las Vegas Sands, LLC v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 2025 WL 3754348 (9th Cir. Dec. 29, 2025) —reversed a Nevada district court’s ruling in favor of a D&O insurer that had refused to cover a lawsuit asserting both contract and tort claims under the policy’s contractual liability exclusion.
Seventh Circuit Decision on Key Defined Terms in Insurance Polici
The recent Illinois federal court decision McDonald’s Corporation, et al., v. Homeland Insurance Company Of New York illustrates the perils that policyholders may face if they fail to understand the contours of key defined terms in their insurance policies. 2025 WL 2614665, at *1 (N.D. Ill. Sept. 10, 2025).
Purely Emotional Harm Not Covered Without Actual Physical Injury
The recent Illinois federal court decision McDonald’s Corporation, et al., v. Homeland Insurance Company Of New York illustrates the perils that policyholders may face if they fail to understand the contours of key defined terms in their insurance policies. 2025 WL 2614665, at *1 (N.D. Ill. Sept. 10, 2025).
Caution: Beware of Escape Hatch Allowing Successive Insurers to Dodge Claims that “Involve” Circumstances Reported to Former Insurers
The recent California federal court decision Scottsdale Ins. Co. v. Beachcomber Mgmt. Crystal Cove, LLC, et al. illustrates the perils that corporate policyholders may face in obtaining the full benefit of the bargain when they procure new D&O insurance after making a claim under a prior policy. 2025 WL 257599, at *13 (C.D. Cal. Jan. 21, 2025).
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.
When Loyalty Programs Breed Discontent, Will Your Insurance Respond?
With increasing frequency, companies are coming under fire for changes in customer loyalty programs, many of which occur without warning or recourse. Whether it is a persistent devaluation of miles or points, arbitrary expiration dates or some other perceived loss of value, customers and regulators are becoming increasingly discontent with programs that are touted as an added value to repeat customers.
Legal Focus: Insurer overstepped mark with demands on insured
News Insured’s duty to co-operate is not boundless and does not demand attendance at examinations that are not reasonably requested, US appeals court rules Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Free newsletter Not ready to subscribe just yet?
First Circuit Rejects Insurer's “Insupportable” Duty-to-Cooperate Defense in Arson Coverage Suit
In Philadelphia Indemnity Insurance Co. v. BAS Holding Corp., the Court of Appeals for the First Circuit rejected an insurer’s “insupportable” defense that the insured company had breached its duty to cooperate by refusing the insurer’s request for an examination under oath of the company’s president.
Insurance Coverage Under Umbrella Policy Extends Beyond Requirements of Service Contract
In ExxonMobil Corp. v. Natl. Union Fire Ins. Co. of Pittsburgh, PA, the Texas Supreme Court held that an insurance policy did not incorporate the payout limits of an underlying service agreement and thus the insured was entitled to the higher limits under the insurance policy. 2023 WL 2939596, at *1 (Tex. Apr. 14, 2023). ExxonMobil involves a workplace accident at Exxon’s refinery in Baytown, Texas, involving two employees of an independent contractor, Savage Refinery Services.
Insurance Coverage Under Umbrella Policy Extends Beyond Requirements of Service Contract
In ExxonMobil Corp. v. Natl. Union Fire Ins. Co. of Pittsburgh, PA, the Texas Supreme Court held that an insurance policy did not incorporate the payout limits of an underlying service agreement and thus the insured was entitled to the higher limits under the insurance policy. 2023 WL 2939596, at *1 (Tex. Apr. 14, 2023). ExxonMobil involves a workplace accident at Exxon’s refinery in Baytown, Texas, involving two employees of an independent contractor, Savage Refinery Services.
Yaniel Abreu Attorney Hunton Andrews Kurth Law Firm Miami
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Insurance Coverage Under Umbrella Policy Extends Beyond Requirements of Service Contract
In ExxonMobil Corp. v. Natl. Union Fire Ins. Co. of Pittsburgh, PA, the Texas Supreme Court held that an insurance policy did not incorporate the payout limits of an underlying service agreement and thus the insured was entitled to the higher limits under the insurance policy. 2023 WL 2939596, at *1 (Tex. Apr. 14, 2023). ExxonMobil involves a workplace accident at Exxon’s refinery in Baytown, Texas, involving two employees of an independent contractor, Savage Refinery Services.
Insurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend
In First Mercury Insurance Co. v. First Florida Building Corp., et al., a federal district court ordered that an insurer had a duty to defend its insured against an underlying personal injury lawsuit. 2023 WL 23116, at *1 (M.D. Fla. Jan. 3, 2023). First Mercury is a cautionary tale about how insurers may try to circumvent their obligations by improperly considering extrinsic evidence when determining whether they have a duty to defend their insureds.
Insurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend
In First Mercury Insurance Co. v. First Florida Building Corp., et al., a federal district court ordered that an insurer had a duty to defend its insured against an underlying personal injury lawsuit. 2023 WL 23116, at *1 (M.D. Fla. Jan. 3, 2023). First Mercury is a cautionary tale about how insurers may try to circumvent their obligations by improperly considering extrinsic evidence when determining whether they have a duty to defend their insureds.
What Has Four Wheels And Is An “Auto” But Not A “Car”?
A golf cart, at least according to a recent Eleventh Circuit ruling about insurance coverage for a minor driving a golf cart. GEICO Gen. Ins. Co. v. Gonalez, No. 21-13304.
Court finds that $400 million paid into abatement fund Qualifies as “damages” under the insured’s policies
In Sherwin-Williams Co. v. Certain Underwriters at Lloyd’s London, et al., the Court of Appeals for Ohio’s Eighth District, reversed the lower court, finding that money paid by the insured into an abatement fund was “damages” as that undefined term was used in the policyholder’s insurance policies. 2022-Ohio-3031, ¶ 1. Sherwin-Williams is a cautionary tale about how insurers may try to narrow the meaning of undefined terms in their insurance policies.
Executive Protection Under D&O Policies and the Insured vs. Insured Exclusion
In T.D. Williamson, Inc. v. Federal Ins. Co., the Tenth Circuit recently affirmed a lower court’s decision that an insurer did not have a duty to defend or indemnify its insured, a pipeline company, against a former director’s lawsuit. 21-5043, 2022 WL 1112530, at *1 (10th Cir. Apr. 14, 2022). According to the appellate court, the policy’s “insured vs. insured” exclusion barred coverage. This exclusion is common in D&O policies.
To Incorporate or Not to Incorporate? That is the Captive Cell Question
As the use of captive insurance companies continues to grow, one issue businesses may face is whether to incorporate cells within a captive cell program. In a recent article in Business Law Today, Hunton attorneys Lorie Masters, Patrick McDermott, and Latosha Ellis address some of the relevant considerations.
The War Exclusion Will Be a Leading Issue in the Months and Years Ahead
With the circumstances in Ukraine intensifying and companies either shutting down or suspending operations in the region, the sparingly used war exclusion will become more relevant as policyholders seek to recover losses. The economic effects will be broadly felt. Some companies may have to close operations entirely, some partially, and others may have their supply chains severely disrupted. This is compounded by the worldwide risk of cyber-incidents.
Defenses Raised Three-Years Too Late Estop Insurer’s Coverage Denial
Liability insurance typically affords broad defense coverage. But insurers sometimes reserve their right to challenge the insured’s right to a defense, or even outright terminate the defense. When this occurs after the insurer has been in exclusive control of the defense, some courts recognize that the consequences can be catastrophic for the insured defendant. Insurers, therefore, may be estopped from denying coverage where doing so will prejudice the insured.
Mitigating Environmental, Social, and Corporate Governance (ESG) Risks Through D&O Insurance
In a recent post on the Nickel Report (“Environmental, Social and Corporate Governance: What are the Risks, Really?”), our colleagues provide a thoughtful discussion of various risks, trending issues, and emerging concerns arising from environmental, social, and corporate governance (“ESG”).
Insurance Coverage for Businesses Affected by Evolving COVID-19 Government Orders
Evolving government orders will affect the way many retail businesses operate and the potential insurance available for losses and expenses. For instance, on April 28, 2020, the State Health Officer of Alabama issued an Order allowing some businesses to reopen, but under strict sanitation and social distancing guidelines. Retail stores, for example, will be allowed to reopen but must maintain a maximum occupancy rate of 50%.
No Mask, No Service – Evolving COVID-19 Orders May Support Insurance Coverage for Retailers’ Losses
Tuesday, April 28, 2020 Many recent government orders require “nonessential” businesses to close due to COVID-19, resulting in massive financial losses for many retail businesses. The orders also change how “essential” retailers do business. For instance, Miami-Dade County’s mayor issued an executive order requiring people who visit or work at, among other places, grocery stores, restaurants and pharmacies to use face coverings. Los Angeles County issued a similar order.
No Mask, No Service – Evolving COVID-19 Orders May Support Insurance Coverage for Retailers’ Losses | LexBlog
Many recent government orders require “nonessential” businesses to close due to COVID-19, resulting in massive financial losses for many retail businesses. The orders also change how “essential” retailers do business. For instance, Miami-Dade County’s mayor issued an executive order requiring people who visit or work at, among other places, grocery stores, restaurants and pharmacies to use face coverings. Los Angeles County issued a similar order.
Court: Estoppel coverage can be created if defense prejudices the insured
Best Practices for Increasing Policyholder Retention and Satisfaction Why you need to provide an exceptional end-to-end experience for your policyholders and how to make it happen.
Insurer Must Defend ERISA Claims Despite “Statutory” Violation Exclusion
A Michigan federal court held recently in Great American Fidelity Ins. Co. v. Stout Risius Ross, Inc., et al., 2020 WL 601784, at *1 (E.D. Mich. Feb. 7, 2020), that an insurer must defend an investment advisor against lawsuits alleging that it fraudulently overvalued the stock of a company destined for bankruptcy.
Hearsay: An Expanded Residual Exception or More of the Same?
Syed S. Ahmad, partner, Hunton Andrews Kurth, Washington, and Yaniel Abreu , associate, Hunton Andrews Kurth, Miami The general inadmissibility of hearsay is something that has been around for some time, just like various exceptions that allow hearsay to be admitted in certain situations. The residual exception is an example of those nuances and serves as a “catch-all” exception by allowing hearsay to be admitted if the statement is considered trustworthy, among other requirements.
Court: You Can Create Coverage for Estoppel if Insurer's Defense Prejudices the Insured
(l-r) Walter Andrews, Michael Levine, and Yaniel Abreu, with Hunton Andrews Kurth. Insurance companies oftentimes defend their insureds against lawsuits. It is important for attorneys and their insured clients to remain vigilant of the insurer’s conduct throughout the defense.
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