Inspired by globalization and technology, cross-border business continues to burgeon, as companies across industries seek new markets for their goods and services. The dynamic rewards have been accompanied by a corresponding increase in novel risks—such as cybersecurity, terrorism, supply-chain risks, and changes in concepts of insurable interests in both tangible and intangible assets around the globe and in cyberspace.
Hunton Andrews Kurth LLP’s insurance coverage group has deep experience addressing the unique insurance coverage challenges faced by companies that conduct business across borders, the key differences between cross-border and domestic insurance policy regimes, and the various insurance arrangements available to address distinct cross-border risks. From our offices in Washington, DC, New York, Miami, Los Angeles, Atlanta, Dallas, London, Brussels and other key commercial centers, our global practice focuses on providing strategic advice to corporate policyholders on how they can best position themselves to maximize insurance coverage for cross-border activities. In short, we help multinational companies obtain insurance coverage for:
first-party losses, such as property damage, damage to marine cargo, and business interruption;
attorneys’ fees incurred in responding to government investigations, third-party claims, and cyber incidents;
third-party liabilities, such as settlements and judgments in claims brought against corporations and their directors and officers by government regulators, customers, consumers, investors, shareholders, supply chain business partners, contracting parties, employees and other third parties;
transactional risks, such representations and warranties, political risk, credit risk, and tax liability in M&A; and
cybersecurity and data breach exposures and liabilities.
In addition, our insurance group helps clients with policy wording and form review, provides insurance policy audits, and insurance due diligence services.
Members of our insurance team serve as leaders in, and frequently speak before, legal and insurance industry associations on emerging cross-border insurance issues and their significance to policyholders. We regularly write articles for industry-leading publications and contribute to the firm’s Insurance Recovery Blog. Recent cross-border publications authored by our team include:
Liability Insurance in International Arbitration: The Bermuda Form;
Cross-Border Insurance Coverage, New Appleman Insurance Law, LexisNexis Publishers; and
Are Latin America’s Energy Firms Ready for Cyberthreats?, Latin America Energy Advisor.
Representative Cross-Border Experience
Advice and Counseling
Counseled international commodities trader on coverage claims under marine cargo insurance.
Advised global investment groups on coverage and other rights under complex Cayman Islands captive agreement in connection with acquisition of manufacturing company.
Counseled shareholder of joint venture in acquisition of majority owner’s shares of international retailer with operations in Latin America on representations and warranty insurance as well as successor liability, general liability, directors and officers liability and cyber insurance issues.
Advised multilateral investment bank on borrower’s compliance with property and casualty insurance requirements in loan documents.
Counseled Latin American lending clients on key man insurance issues in connection with loans to Latin American companies.
Advised European biotechnology and pharmaceutical company on cross-border insurance issues in connection with commercialization of new drug in the U.S. market and insurance coverage for clinical trial claims.
Counselled global technology, internet and communications company in connection with renewal of complex global insurance program composed of D&O, CGL, professional liability and network security/privacy liability, cyber, aircraft, employment practices liability, fiduciary liability, crime, kidnap and ransom, international and business travel, commercial auto, workers compensation, excess and umbrella insurance coverages.
In connection with privatization of electric utility in partnership with international financing entity, advised client on cross-border insurance and reinsurance for demand guarantees in the event of breach of the transaction agreement.
Counseled global infrastructure, environmental and renewable energy services company based in Spain on formulation of risk management, compliance and insurance coverage strategies for large-scale projects in North America.
Advised bankruptcy creditors’ committee concerning coverage under D&O insurance policy issued to debtors and debtors’ European parent company.
Drafted insurance provisions for subcontract between international professional services firm and service providers in connection with US government efforts to shelter unaccompanied children crossing border from Central America.
Counseled multinational consumer goods manufacturer on insurance coverage for environmental class actions brought in United Kingdom, United States and US territories.
Advised international cruise company on coverage claim for injuries to customers under Mexican insurance policy issued to business partner.
Advised US-based company on reinsurance recoveries from Brazilian reinsurer and related commutation negotiations.
Advised global financial guarantee reinsurer in connection with analysis of obligations under reinsurance agreements.
Advised international subsea cable company on insurance coverage for unique subsea cable risks.
Analyzed risks of doing business in Latin America, including regulatory uncertainty and resulting investigations, political risks, successor liability and validity of assignment of insurance rights in M&A transactions; developed risk management strategies.
Arbitration/Litigation
Represented insurance and reinsurance pool member against managing general agent in arbitration involving cessions to, recoveries from and commutations with reinsurers relating to reinsurance program of 800 reinsurers on seven continents.
Represented foreign central bank and related sovereign entities in arbitration arising from commercial and countertrade transactions in Panama and Brazil.
Represented American policyholder in coverage dispute with Swiss insurance company in London arbitration.
Represented client in Barbados arbitration involving food trading company based in Switzerland arising under a property policy for spoilage loss of food commodities.
Represented petroleum pipeline client in Canada arbitration involving coverage issues arising from groundwater contamination allegedly caused by petroleum release.
Represented policyholder in arbitration against Lloyd’s of London involving a directors & officers excess liability coverage for underlying securities suits arising from company’s alleged failures to disclose material information prior to insolvency of European subsidiaries.
Represented owner of oil terminal in St. Eustatius in arbitration arising from deliveries of contaminated oil.
Represented company in dispute with reinsurers based in Bermuda and New York involving follow-the-fortunes and follow-the-settlement doctrines.
Represented global internet service provider in arbitration involving insurance coverage under internet liability policy for several underlying class actions regarding search advertising program.
Represented global investor in international arbitration alleging Argentina’s breach of bilateral investment treaty with United States and analyzed contracts and court opinions written in Spanish.
Litigated claims by geospatial intelligence entity against Lloyd’s of London entities concerning specialty event cancellation insurance coverage for multimillion-dollar business income losses associated with US government shutdown.
Represented major government contractor in arbitration concerning insurance coverage for multiple complex underlying toxic tort actions.
Represented global cement producer and concrete products company in arbitration over defense fees.
Negotiated, arbitrated or litigated insurance and reinsurance coverage issues in markets in the United States, Canada, Bermuda and London.
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