SDV Insights

As the NFL Nears the Endzone, Coverage Uncertainty Awaits - The Insurance Coverage Wake of the NFL Concussion Litigation

On November 21, 2022, in the first case ever to reach a jury against the National Collegiate Athletic Association ("NCAA"), a Los Angeles County jury found the NCAA was not responsible for the death of former University of Southern California linebacker Matthew Gee.

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The Importance of Clearly Stated Life Insurance Beneficiary Designations

The recent case, Prudential Insurance Company of America v. Sheppard, decided by the Federal District Court for the Middle District of Florida, highlights the importance of reviewing life insurance policy beneficiary designations for clarity and accuracy, to ensure that death benefits are properly paid to the intended beneficiaries.

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Washington Supreme Court Interprets Ensuing Loss Exception in All-Risk Property Insurance Policy

The "ensuing loss" clause is a provision that restores coverage for property insurance claims that are subject to certain policy exclusions, such as "faulty workmanship" and "faulty design."

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One's Loss is Another's "Claim"

While analyzing liability policies, courts grapple with a common issue: what constitutes a claim under a claims-made or claims-made-and-reported provision? When third-party claimants file suit, the analysis is often straightforward; the complaint itself is the claim.

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Hawaii Supreme Court Bars Insurers from Billing Policyholders for Uncovered Defense Costs

Across the country, there is a split in authority as to whether an insurance company should be allowed to recoup defense costs where it is ultimately determined that the carrier has no duty to defend under the policy and the policy is silent as to such reimbursement.

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Life Insurance Contestability Clauses and Post-Claim Underwriting: A Beneficiary's Pitfall

Insurance is supposed to give us some level of confidence that should coverage be needed, it will be there. Often, however, this expectation does not correlate with reality, and beneficiaries are faced with unexpected denials on technical grounds. Life insurance is no exception.

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CGL Policy May Not Cover Cybersecurity and Data-Related Losses

The construction industry, like many other industries, has experienced an increased reliance on, and implementation of, technology in the past few years.

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Recent Florida Legislative Changes Shorten Both Statute of Limitation ("SOL") and Statute of Repose ("SOR") for Construction Defect Claims

The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida's statute of limitation ("SOL") and statute of repose ("SOR") periods prescribed in Florida Statute § 95.11.

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The "Expected or Intended" Erosion of the Duty to Defend in Opioid Litigation

The opioid crisis in America is undoubtedly one of the most pervasive and unrelenting public health emergencies that our country has faced in recent memory. Consequently, our nation's court system has been taxed with the unenviable job of weighing the moral and legal ramifications of the pharmaceutical industry's actions in the context of an ever-growing number of opioid-related lawsuits.

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Safeguarding Coverage Integrity: Vigilance in the Face of Insurance Backtracking

In a lawsuit resulting from Zurich American Insurance Company ("Zurich") and American Guarantee and Liability Insurance Company's ("AGLIC") sudden change in coverage position, the First Circuit recently certified to the Massachusetts Supreme Judicial Court the question of whether rainwater accumulating on a roof meets the definition of 'surface waters' under Massachusetts law.

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