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. These orders may result in businesses’ turning away noncompliant customers, which will cause further financial harm. Regardless of the jurisdictions where your retail business is located, it is likely that there is a governmental order affecting its operations. Your business is likely sustaining or will sustain substantial losses as a result, and incur additional expenses to comply with evolving requirements and guidelines and in resuming operations as soon as possible.
Continue Reading No Mask, No Service – Evolving COVID-19 Orders May Support Insurance Coverage for Retailers’ Losses

As reported in the Hunton Insurance Recovery Blog, a Maryland federal court awarded summary judgment to policyholder National Ink in National Ink and Stitch, LLC v. State Auto Property And Casualty Insurance Company, finding coverage for a cyber-attack under a non-cyber insurance policy after the insured’s server and networked computer system were damaged as a result of a ransomware attack.
Continue Reading Maryland Court Finds Coverage For Lost Data And Slow Computers After Ransomware Attack

Innovation and developments in technology bring both opportunities and challenges for retailers, and Hunton Andrews Kurth has a sophisticated understanding of these issues and how they affect retailers. On January 23, 2020, our cross-disciplinary retail team, composed of over 200 lawyers, released our annual Retail Industry Year in Review.
Continue Reading 2019 Retail Industry Year in Review

In a recent article in the ABA Business Law Section publication Business Law Today, Hunton Andrews Kurth insurance attorneys Syed Ahmad and Geoffrey Fehling discuss several important D&O insurance coverage issues that can have far-reaching implications with retailers and other businesses involved in mergers, acquisitions, and other M&A deals.
Continue Reading Let’s Make a Deal: Four D&O Coverage Issues to Consider in M&A Transactions

A federal court in Pennsylvania has held that Liberty Mutual must defend its insured, Hershey Creamery Company, in an intellectual property infringement lawsuit because the suit raises claims that potentially implicate coverage under the policies’ personal and advertising injury coverages. The court further found that the alleged wrongful conduct was not subject to the policies’ IP infringement exclusion.
Continue Reading IP Lawsuit Triggers Insurers’ Duty to Defend

As reported on the Hunton Insurance Recovery Blog on January 18, 2019, policyholders facing any type of products liability scored a win in a recent decision from the District Court for the Northern District of Illinois. The court found that an insurance company must defend its insured against claims arising out of a recall while simultaneously funding the insured’s affirmative claims for recovery.
Continue Reading Defense owed for Product Recall and Insured’s Related Affirmative Claims

On January 17, 2019, Hunton Andrews Kurth’s retail industry team, composed of more than 200 lawyers across practices, released their annual Retail Industry Year in Review publication.
Continue Reading Hunton Andrews Kurth Publishes 2018 Retail Industry Year in Review

Hurricane Florence will affect the U.S. east coast later this week with significant damage to property and resulting business disruption. Continue reading for our client alert on hurricane preparedness and the many types of coverage typically found in a commercial property policy.
Continue Reading Hurricane Preparedness: Is Your Insurance Program Ready for the Storm?