SDV Insights

Insurance Carrier Caught Red-Handed in Fingerprints Retention Case

In the matter of Remprex, LLC v. Certain Underwriters at Lloyd's London, policyholder Remprex was thrust into two separate class actions, both involving alleged violations of the Biometric Information Privacy Act ("BIPA").

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Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits

In the construction sector, the importance of closely vetting downstream parties' insurance has never been more critical. The markets have been hardening with no seeming end in sight and carriers are looking for any way to get an edge.

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U.S. Supreme Court Decision May Nullify Choice-of-Law Provisions Under Admiralty Law

It is rare for the U.S. Supreme Court to grant certiorari in cases involving issues of insurance. However, the Court's decision to grant certiorari in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, 143 S. Ct. 999 (2023), may substantially alter the use of choice-of-law provisions in maritime insurance policies, and possibly, insurance policies in general.

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Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

Following significant backlash in reaction to the Nevada legislature's new law prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.

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Federal Judge Ordered that D&O Liability Insurer is Liable for $4.5 Million for Arbitration Defense Costs

The Southern District of New York recently ordered a directors and officers ("D&O") liability insurer to pay up to $4.5 million to reimburse an insured investment firm for the costs the firm incurred defending an arbitration proceeding brought by a former executive.

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Nevada Legislature Burns Insurers' Rights to Offer Eroding Limits

Nevada's legislature recently passed a groundbreaking law imposing two prohibitions on insurers. First, the law prohibits insurers from issuing or renewing any liability insurance policy with an "eroding limits" provision.

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Texas Confirms Employer's Liability Coverage Is Only Available If The Injured Worker Is An Employee Of The Named Insured

In Gemini Insurance Company v. Indemnity Insurance Company of North America, the U.S. District Court for the Southern District of Texas found an employer's liability policy only provides coverage for bodily injury claims brought against the Named Insured by its own employees and NOT employees of its subcontractors.

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Will Bennett Featured on Insuring Cyber Podcast

SDV's Will Bennett joined the latest episode of Insuring Cyber Podcast. Will and host Elizabeth Blosfield, Deputy Editor at Carrier Management, took a dive deep into the captivating world of generative AI chatbots in the insurance industry and explored the benefits and risks associated with their use and the use of AI in the insurance industry in general.

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Policy Language Matters: New Jersey Court Bars Cleanup Coverage Under Broad Policy Terms

The New Jersey Appellate Division in Handy & Harman v. Beazley USA Services, Inc., provided clarity regarding the interpretation of the Prior or Pending Litigation Exclusion in a site-specific environmental liability insurance policy.

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Florida Insurance Legislation Alert - Part I

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837 which significantly impacts several critical aspects of modern Florida civil litigation, particularly insurance disputes. SDV has actively monitored the evolution of this legislation, including substantial commentary from the legal and insurance communities that followed its enactment. In this multi-part series, we will explore the critical developments impacting policyholders and what to expect moving forward.

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