SDV Insights

Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

Applying Louisiana law, a recent federal court decision exemplifies why policyholders should thoroughly read claims-made policies to understand when notice is due to insurers and truthfully complete policy applications.

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Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season

SDV's Natural Disaster Recovery Group presents the Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season. This handbook intends to be a practical guide on policyholder issues, both homeowners and business owners alike, when preparing for hurricane season and handling claims after a loss due to a hurricane.

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Recommendations for Property Owners After A Hurricane: Submit a Claim

If you suffered damage as a result of a hurricane, you should submit a claim under any insurance policy you have that might apply. This includes flood insurance, homeowner's insurance, renter's insurance, condo insurance, and auto insurance. Some of these policies may have limitations, or even not apply, to losses associated with hurricanes, but the best practice is to submit the claim to ensure no opportunities for coverage missed.

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Identifying and Accessing Coverage in Complex Construction Claims

First-party, third-party, builder's risk, professional liability, general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss.

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Status Update - Unpaid Wage Law, New York Senate Bill S2766C

New York has enacted an unpaid wage law that imposes liability upon upstream contractors. Senate Bill S2766C is intended to provide recourse to construction workers whose employers fail to pay wages owed for completed work.

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Eleventh Circuit Confirms Late Notice Killed Coverage for Assault and Murder Claims under Georgia Law

Recently, in Mt. Hawley Ins. Co. v. East Perimeter Pointe Apts., the Eleventh Circuit Court of Appeals upheld the denial of liability coverage for negligent security claims involving an assault and murder at an apartment complex in Georgia, finding that the insured owner of the complex and its property management firm waited too long to notify their insurers of the incidents.

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Rather Than Limit Decision to That Particular Part of Developer's Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)

The 10th Circuit Court of Appeals, applying Colorado law, recently extended Colorado's broad application of the phrase "arising out of" in an insurance interpretation, barring an insured real estate developer from receiving a defense to a suit alleging liability for construction of a defective retaining wall and associated resulting damage.

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iCan Not Narrowly Interpret Policy Exclusions

In Horn v. Liberty Ins. Underwriters, Inc., the Eleventh Circuit Court of Appeals addressed insurance coverage for claims arising out of the invasion of privacy relating to a TCPA claim. In the underlying litigation, individuals brought a class action lawsuit against iCan Benefit Group LLC (iCan), alleging that iCan violated the TCPA and invaded the plaintiffs' privacy by sending unsolicited text messages without the consent of the recipients.

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Breaking The Ice: A Policyholder's Guide to Insurance Coverage for Texas Winter Storm Uri Claims

The devastating extreme cold weather event in Texas on February 14-18, 2021, often referred to as Winter Storm Uri, caused significant damages to homes and businesses in the region. Temperatures during the winter storm were the coldest on record since 1883, with some areas reaching as low as negative 6 degrees.

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New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors

A bill that would amend the the wage and hour requirements of the New York Labor Law was recently passed by the New York State Legislature and is expected to be signed by Governor Cuomo. Bill Number S2766C (the "Bill") is intended to protect construction workers against wage theft.

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