Hunton Insurance Recovery Blog

Officers and directors must constantly navigate new and emerging risks, and that trend will continue in 2025. Ever-growing use (and misuse) of artificial intelligence, increased geopolitical risk, boardroom fallout following cybersecurity incidents, a new administration in the White House, and many other factors point to another eventful year for D&O exposures. Ensuring adequate protection for company leadership is more important than ever to attract and retain top talent.

On December 13, 2024, the North Carolina Supreme Court refused to follow the herd of poorly and in many cases, erroneously-reasoned decisions and applied settled rules of insurance policy interpretation to find Cincinnati Insurance Company owes coverage to a group of restaurants suffering business interruption losses stemming from the COVID-19 pandemic.  While the North Carolina Court’s decision in North State Deli, LLC v. The Cincinnati Insurance Co., may come too late for many, the decision nevertheless offers reassurance that some courts remain willing to stand firm on fundamental guiding principles.

As businesses integrate artificial intelligence (AI) into their operations, the potential for AI-associated risk increases. The recently filed lawsuit, A.F. et al. v. Character Technologies, Inc. et al., illustrates the gravity of such risk. The lawsuit not only highlights the potential risks associated with products utilizing AI technology but also provides an illustration of how insurance can help to mitigate those risks.

In the year ahead, supply chains for corporate America will likely be vulnerable to disruptions arising from multiple risks—from natural disasters to geopolitical strife—heightening companies’ dependence on insurance to manage their risks. Bloomberg Law’s recent article, “Climate, Labor Disruptions Leave Companies Reliant on Insurers” features commentary from counsel Jorge Aviles on how insurance can help shield businesses from financial losses following a supply chain-related loss. “Any business with operations that rely on a supply chain should be looking into insurance coverage to manage risks.” That safety net “gives the company the confidence that it won’t be out of pocket,” Aviles says. “It gives the employees and managers and directors of the company confidence as well, and it gives your lenders and investors confidence that the company won’t be on the hook for these massive losses.” “Companies relying on such coverage should keep in mind the tiers of suppliers,” Aviles said. “A policy might offer coverage for a direct supplier, for example, but not an indirect supplier that’s disrupted.”

It is common knowledge in the insurance industry that an insurer’s duty to defend is broad.  Recently, a U.S. District Court reminded us just how broad that duty is when it held that a complaint with only two scarce factual allegations triggered an insurer’s duty to defend.