SDV Insights

Effective August 1, 2024, the NCAA will provide excess injury insurance coverage to student-athletes for athletic injuries for two years, beginning on a student-athlete's date of separation from its member institution.

Additional insured endorsements often provide "blanket" coverage to persons or organizations as required by a written contract. However, the wording of the "blanket" language is critically important, as the inclusion of certain phrases in an additional insured endorsement can result in a denial of coverage for the upstream party.

As Florida insurers continue their attempts to narrow protections for policyholders, it is imperative - now more than ever - that insureds be well-informed and know their rights. Most recently, in Florida, insurers are attempting to weaponize the death of Senate Bill 1726 and House Bill 1287 to limit the documents disclosed to policyholders.

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.

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.

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."

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.

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.

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.

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