SDV Insights

To Buy or Not to Buy: Rhode Island Supreme Court Weighs in on Car Rental Standing Issue

When renting a car, consumers are faced with the dilemma of whether or not they should purchase a protection plan to cover any damage incurred while the car is in use. Before driving out and upon return, the rental company looks over the car carefully, taking note of any scratches, dings, and dents. Consumers often leave with many questions.

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Excess Insurer Allowed Post-Award Coverage Action

Recently, the 8th Circuit addressed allocation issues between covered and non-covered claims under a general liability policy. While allocation is a common issue raised by insurers, this case involved allocation raised by an excess carrier who did not participate in the defense of the underlying action.

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Ontario Court of Appeal Clarifies Insured's Duty to Cooperate

It is not often that a case discussing the duty to cooperate comes along, although this is an important condition of coverage in virtually all insurance policies. The Ontario Court of Appeal decision in Ruddell v. Gore Mutual Insurance Company comes as helpful and reassuring guidance to policyholders on what the "duty to cooperate" language in their policy obligates them to do.

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The Priority Condition in Zurich Form U-GL-1345-B-CW May Cause Risk Transfer Problems for Upstream Additional Insureds

Zurich American Insurance Company ("Zurich") offers a proprietary "General Liability Supplemental Coverage Endorsement," form U-GL-1345-B-CW (04/13), which is used to modify and, in some cases, enhance coverage terms reflected in current ISO commercial general liability ("CGL") forms. However, form U-GL-1345-B-CW includes one change that can significantly impair risk transfer when used by a trade subcontractor who has promised additional insured ("AI") coverage to an upstream party.

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Recommendations for Property Owners After A Hurricane

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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Mitigating Franchisor Exposures for Systemwide GDPR Compliance through Cyber Insurance

The European Union's ("EU") General Data Protection Regulation ("GDPR") has been in effect for just over a year, and the full extent of the data privacy law's global impact is just now being fully realized.

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IRMI: Additional Insured Coverage: Don't Overlook Auto Insurance

International Risk Management Institute, Inc. recently published an article written by Greg Podolak, with the assistance of Celia Waters on Additional Insured Coverage and Auto Insurance. Auto insurance can play a vital role as an insurance recovery asset to an upstream party, therefore properly navigating coverage on a downstream party's auto policy is important.

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The New Travelers CGL CG T1 00 02 19 Form May Cause Risk Transfer Problems for Upstream Parties

The Travelers Indemnity Company ("Travelers") recently released a new proprietary commercial general liability ("CGL") form designated CG T1 00 02 19. The form is largely reflective of current ISO forms but includes one change that can significantly impact risk transfer when used by a trade contractor who has promised additional insured coverage to an upstream party.

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In South Carolina, Insurer's Denial of Liability Does Not Waive Attorney-Client Privilege for Bad Faith Claim

Determining the scope of discovery can be challenging, particularly when an insurance bad faith claim is involved. Courts often face the difficult decision of weighing the importance of preserving attorney-client privilege with the public policy rationale of protecting an insured against their insurer's bad faith behavior. The Supreme Court of South Carolina recently recognized this dilemma by rejecting a hardline approach to bad faith discovery disputes and adopting a case-by-case analysis.

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Illinois Favors Finding Construction Defects as an Occurrence

A recent Illinois Appellate Court’s decision in, Acuity Ins. Co. v. 950 West Huron Condominium Owners Association, 2019 IL App (1st) 180743 (2019), strengthens Illinois’ pre ...

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