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.

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.

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.

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.