Scott P. DeVries

3 weeks 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.

3 weeks 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 |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.

Nov 13, 2024 | natlawreview.com | Scott P. DeVries

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.

May 21, 2024 | natlawreview.com | Scott P. DeVries

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.