Hunton Insurance Recovery Blog

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

The Texas legislature recently passed SB 840, which now heads to Governor Abbott’s desk for signature.

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. In reversing the district court, the Eleventh Circuit reinforced the key duty imposed on insurers under Florida law to diligently and carefully investigate claims and act with an appropriate degree of care to protect their insureds or face consequences such as bad faith liability.