SDV Insights

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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Ninth Circuit Agrees Insured's Long-Term Disability Claim Not Barred by Res Judicata

In Kayle Flores v. Life Insurance Company of North America ("Flores II"), the Ninth Circuit agreed with the insured and reversed the Central District of California's finding that her Long-Term Disability claim was barred by res judicata.

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Florida's New Pre-Suit Notification Requirement: Retroactive or Prospective Application?

Florida's newly formed Sixth District Court of Appeal ("Sixth DCA") recently certified conflict with Florida's Fourth District Court of Appeal on the issue of retroactive application of the pre-suit notice requirement contained in Florida Statute 627.70152.

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Clash of the Clauses - Irreconcilable "Other Insurance" Clauses Will Result in Insurers Sharing Losses Pro Rata

In National Casualty Company v. Georgia School Board Association - Risk Management Fund, the Eleventh Circuit recently affirmed a Georgia rule under which irreconcilable "other insurance" clauses will not be enforced.

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SDV is headquartered in Connecticut, with regional offices located in New York, New Jersey, Florida, and California to better serve our clients nationwide. We have the experience and insight to effectively address your insurance coverage concerns and provide practical solutions to any risk transfer challenges you face.