SDV Insights

Check out the interview with Tracy in the June issue of Risk Management Magazine:

On May 26, 2015, the Supreme Court of Pennsylvania issued its ruling in the Mutual Benefit Insurance Co. v. Politsopoulos case, correcting decades of confused case law interpreting the standard employer's liability exclusion in CGL policies.

In the past two months, we've released three new Case Alerts for your review. Click the titles to read the entire alert.

SDV recently obtained a favorable ruling in a Texas state appellate court which highlights how savvy litigation strategy can lead to positive results.

Texas policyholders should be aware of the recent decision in JAW The Pointe, LLC v. Lexington Insurance Company.

The debate rages on in Florida regarding the appropriate trigger rule for progressive or latent property damage under commercial general liability ("CGL") policies. Recently, the Eleventh Circuit weighed in, rejecting the manifestation trigger and holding that the injury-in-fact trigger applied to determine available coverage in a construction defect case.

The 10th Circuit Court of Appeals recently issued a decision that serves to remind policyholders that the insured's duty to provide timely notice may be treated differently under a "claims-made" policy. Specifically, the 10th Circuit held that insurance carriers may not be required to show that they have been prejudiced by a policyholder's failure to give "prompt" notice before denying coverage under a "claims-made" policy.

Did you get a chance to check out our selections for the 10 most important insurance coverage decisions in 2014? Data breaches, construction defects, releases of ammonia gas, and sinkholes all provided an extraordinary year in policyholder insurance law. Take a look, and let us know if there were any other cases you found interesting.

Policyholders who find themselves in the midst of a dispute with their insurer inevitably ask the question: "Why didn't my broker fix this when I bought the policy?"

A recent Delaware Superior Court decision held that defective construction does not constitute an "occurrence" for purposes of commercial general liability coverage.