Rachel E. Hudgins

2 months ago | businesslawtoday.org | Rachel E. Hudgins |Scott P. DeVries |Andrew S. Koelz

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.

2 months ago | americanbar.org | Rachel E. Hudgins |Scott P. DeVries

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.

2 months ago | natlawreview.com | Rachel E. Hudgins

NCAA March Madness tournaments are among the most anticipated and exciting events in American sports, drawing millions of viewers and generating significant economic activity. But the massive popularity of the tournaments comes with risks that can affect participants, venues, sponsors, and fans.

Feb 13, 2025 | natlawreview.com | Rachel E. Hudgins

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, both policyholders sought coverage after wildfire smoke and debris affected their properties. One court ruled in favor of coverage. Bottega, LLC v.

Feb 13, 2025 | natlawreview.com | Rachel E. Hudgins |Scott P. DeVries |Suzan Kern |Abby M. Warren

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.