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1 month ago | 
hunton.com | Syed S. Ahmad |Rachel E. Hudgins |Evan Warshauer |Courtney Bynum Crittenden
In April 2025, the Eleventh Circuit reversed a judgment against a Florida lodge and held that a jury should determine whether the failure of the lodge’s insurer to initiate settlement proceedings before a claim was filed constituted bad faith.
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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.
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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.
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Mar 20, 2025 | 
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.
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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.
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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.
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Jan 30, 2025 | 
natlawreview.com | Rachel E. Hudgins
Skip to main content January 30, 2025 Volume XV, Number 30 Legal Analysis. Expertly Written. Quickly Found.
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Oct 10, 2024 | 
rmmagazine.com | Syed S. Ahmad |Rachel E. Hudgins |Alex Pappas
On August 2, 2024, Illinois Governor J.B. Pritzker signed amendments to the Illinois Biometric Information Privacy Act (BIPA) that introduce changes that mitigate, but do not eliminate, some potential liabilities. As BIPA exposures persist, businesses must continue to evaluate how their insurance might respond to related lawsuits. Navigating insurance availability in this context presents complex, evolving challenges that often defy straightforward answers.
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Jul 18, 2024 | 
lexology.com | Geoffrey B. Fehling |S. Alice Weeks |Rachel E. Hudgins
A recent New Jersey Superior Court decision highlights the risks policyholders face when officers or directors serve dual-capacity roles, such as participating on boards for multiple companies. In Mist Pharmaceuticals LLC v. Berkley Insurance Co., Mist Pharmaceuticals obtained a $2 million directors and officers liability policy from Berkley. The policy provided coverage for the company’s current and former officers and directors.
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Jun 11, 2024 | 
dig-in.com | Rachel E. Hudgins
Although the Atlantic hurricane season does not begin until June 1st, if this year's spring tornado season is any indicator, expert predictions of a strong hurricane season should be on target. Indeed, with climate change being blamed for some 400 confirmed tornadoes in April and some 300 already confirmed through mid-May, hopes for a "normal" hurricane season are largely forgotten.
