SDV Insights

D&O Coverage for Government Investigations: When is my Policy Triggered?

Formal investigations into the activities of corporations and their directors and officers remain increasingly hot topics in the news. While many of these investigations make headlines, whether or not a company might have coverage for fees incurred defending these investigations is seldom mentioned. Depending on the policy language, Director's and Officer's Liability ("D&O") may be a crucial risk management tool for companies faced with governmental investigations.

Read More +

Montana Supreme Court: Insurer Not Bound by Insured's Settlement

In Draggin' Y Cattle Co., Inc. v. Junkermier, et al. the Montana Supreme Court held that where an insurer defends its insured and the insured subsequently settles the claims without an insurer's participation, a court may approve the settlement as between the underlying plaintiff and underlying defendant, but the settlement will not be presumed reasonable as to the insurer.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

CONTACT US

The email you are sending does not create an attorney-client relationship with SDV. We do not agree to representation until we have performed a check for conflicts of interest and expressly agree to provide services in a particular matter via an engagement letter. The information submitted to us via this website will NOT be treated as confidential or privileged as a lawyer/client communication and our receipt of this information does not prevent us from representing a client related to the subject of your inquiry.

Northeast

35 Nutmeg Drive
Trumbull, CT 06611

203.287.2100

Southeast

851 5th Avenue N
Naples, FL 34102

239.316.7244

West Coast

Two BetterWorld Circle
Temecula, CA 92590

951.365.3145


SDV is based in Connecticut, conveniently located between New York City and Boston, with regional offices in Florida and California to better serve our clients. We're ready to answer your questions and eager to assist you in developing solutions.