Andrea DeField

Andrea DeField finds risk management, risk transfer, and insurance recovery solutions for public and private companies. Andrea has dedicated her career to helping clients manage risk and maximize insurance recovery.

As part of her counseling practice, Andrea adds value to business deals by advising clients on contractual risk transfer through indemnity, additional insured, and required insurance provisions in contracts.

She also helps clients identify and mitigate risk before a loss occurs by conducting insurance due diligence for mergers and acquisitions and by conducting audits of clients’ insurance programs to identify gaps in coverage before renewal.

When a loss has occurred or a claim has been made, Andrea helps clients maximize insurance recovery by advising them through the claims process. When insurers fail to pay amounts due, Andrea represents clients in litigation or alternative dispute resolution of coverage disputes.

She has handled and tried cases in state and federal trial and appellate courts throughout the country and is admitted to practice in Florida, as well as certain federal district and appellate courts.

Andrea is also a prolific author and lecturer on insurance and risk management topics including directors and officers (D&O), private equity, cyber, food recall, liability, pollution, windstorm, and other insurance issues.

She is active in the American Bar Association and currently serves on the ABA’s Standing Committee on Disaster Response and Preparedness and the ABA Cybersecurity Task Force.

Experience:

• Advised clients through claims process under directors and officers (D&O), errors and omissions (E&O) and other professional liability, employment practices (EPLI), property, business interruption, commercial general liability (CGL), pollution legal liability (PLL), cyber (including privacy and security, reputation management, network interruption, cyber extortion, technoly E&O and other cyber-related coverages), crime, fidelity, and other insurance policies.
• Representing investment firm in insurance coverage action seeking to obtain recovery of defense costs and potential settlement or judgment amounts in foreign regulatory proceeding concerning the acquisition and restructuring of a financially distressed entity.
• Serves as coverage counsel for national franchise food service company; duties include: providing advice on indemnity agreements and insurance requirements in contracts with third parties, representing client in coverage negotiations with insurers over defense and indemnity obligations under liability policies, assisting client with claim presentation and recovery of property damage and business interruption losses arising out of sinkhole and hurricanes, and analyzing client’s insurance program for gaps in coverage in preparation for renewal.
• Representing corporate policyholder in coverage and bad faith litigation against its liability insurer in federal court arising out of the insurer’s alleged failure to settle a wrongful death claim for an amount within limits, resulting in a judgment against the policyholder in excess of that insurer’s limits.
• Successfully opposed insurer’s motion to dismiss bad faith action brought by non-insureds under Fla. Stat. § 624.155(1) for claim arising out of hurricane damage.
• Conducted insurance audit to identify coverage issues and gaps in insurance program (including captive policies) for nonprofit health insurer serving over 4 million members.
• Conducted coverage analysis of D&O and cyber insurance policies for publicly traded cloud computing company in preparation for its renewal.
• Successfully resolved multiple individual and commercial property claims arising out of windstorm damage from Hurricanes Irma, Charley, and Wilma.
• Conducted coverage analyses of publicly traded global travel company’s Directors and Officers Liability, Side-A Directors and Officers Liability, Employment Practices Liability, Fiduciary Liability and cyber insurance program and recommended manuscript endorsements and other changes for renewal.
• Worked with client and broker to develop comprehensive cyber insurance program for private equity investor and its over 50 portfolio companies, including drafting numerous manuscript amendatory endorsements that were accepted by insurer.
• Advising pipeline company on ensuring maximum coverage under pollution legal liability, general liability, and directors and officers liability insurance programs.
• Advising major health care client on coverage under Directors & Officers (D&O) and Errors and Omissions (E&O) policies for multidistrict litigation alleging violations of federal and state antitrust laws.
• Recovered full limits of fidelity policy for condominium association client for loss arising out of property manager theft.
• Contributed to team winning jury verdict for plaintiffs in insurance coverage declaratory action in Florida state court.

EDUCATION:

• JD, University of Denver Sturm College of Law, Merit Scholarship Recipient, Scholastic Excellence Award in Contracts and Federal Courts, 2011
• BS, Communication, University of Miami, Dean’s List, 2008

BAR ADMISSIONS:

• Florida

Memberships:

• Member, ABA Standing Committee on Disaster Response and Preparedness, 2016 through 2019.
• Member, ABA Cybersecurity Task Force, 2017 through 2019.
• Co-Chair, ABA Section of Litigation: Insurance Coverage and Litigation Committee Hurricane Task-Force, 2017 through 2018.
• Member, ABA Tort Trial & Insurance Practice Section and Section of Litigation, 2012 through present.
• Member, ABA Section of Litigation: Insurance Coverage Litigation, 2012 through present.