Hunton Insurance Recovery Blog

If recent years have taught insurance practitioners anything, it is that the most consequential coverage disputes rarely turn on novelty alone. In 2025, courts continued to resolve high‑stakes insurance disputes by returning to first principles—examining when claims are related, how losses and occurrences are defined and aggregated, and how policy language allocates risk across time and conduct. D&O coverage and other core insurance law issues again occupied center stage, while decisions in property, cyber, and liability disputes reinforced a familiar theme: policy interpretation remains the decisive factor in determining whether coverage is available in an increasingly complex claims environment. As the decisions discussed below demonstrate, 2025 confirmed that even as risks evolve, coverage disputes remain grounded in careful, policy‑specific analysis.

This year has seen a renewed focus on tariffs, especially on construction materials such as steel and aluminum.

Hunton receives many inquiries about litigation risk insurance. Hunton partner Latosha M. Ellis and associate Charlotte Leszinske provide insight on this topic in an article recently published in the Real Estate Finance Journal. The article explains how litigation risk insurance often works in tandem with traditional insurance, providing extra protection against uncertain legal outcomes. It describes the ins and outs of several types of litigation risk insurance products—judgment preservation insurance, adverse judgment insurance, and punitive wrap insurance—and how each of these products can target specific risks related to ongoing litigation. The authors also explain how these insurance products can be used to further other strategic goals, such as freeing up cash flow, obtaining settlement in pending cases, and reaching agreement on terms in a prospective merger or acquisition.

The article is available for review at the following link: Reducing Legal Exposure in Real Estate: Leveraging Litigation Risk Insurance

In today’s digital world, data breaches due to vendor failures are becoming increasingly common, often resulting in costly fallout. While insurance can provide a safety net, the interaction between cyber insurance and vendor contracts is crucial for effective recovery and risk management. Vendor contracts should not be treated as mere formalities but as vital frameworks that contain specific, detailed provisions regarding data security obligations to ensure accountability and minimize vulnerabilities.