SDV Insights

How much time do our clients have to bring a bad faith action against an insurer? Although we are not frequently asked this question, it is one that we constantly analyze before asserting a bad faith claim.

Hollywood producer turned convicted felon Harvey Weinstein has brought a legal malpractice suit against his counsel, claiming they failed to inform him that the dismissal of a charge in his 2020 trial would result in the forfeiture of insurance coverage. The suit alleges that Abelson Herron Halpern LLP ("AHH") was contractually required to provide Weinstein "with legal counsel regarding certain insurance coverage in connection with a criminal proceeding ...."

As a policyholder, you may have heard the term "bad faith" in the context of litigation against your insurer. Bad faith in the insurance context is a catch-all term for a broad category of claims that can be brought against your insurer.

Some hot topics dominating the construction industry today include the impacts of COVID-19, government testing and vaccine mandates, cyber security, and the evolving role of general counsel.

Technology is the driving force behind industry and growth for all businesses, but its advantages come with risks. Downed computer systems and lost data can have significant financial impacts. Security breaches, viruses, and information theft by computer hackers also pose a serious problem. Thousands of cyberattacks occur in the US every day, and no business is immune from this threat.

In June 24, 2021, the Champlain Towers South in Surfside, Florida collapsed, killing nearly 100 individuals (the "Collapse"). As experts uncover more information regarding the cause of the Collapse, those individuals who have filed lawsuits as well as the potentially culpable defendants are looking to insurers for coverage of their bodily injury and property damage claims.

On February 24, 2022, Russia invaded Ukraine, escalating the conflict between the two countries to unprecedented levels. Much of the West quickly responded to Russia's aggression by levying some of the most severe sanctions in history on Russia's government, companies, and wealthy citizens, including Vladimir Putin.

In Allen v. Unum, the disability insurer's argument for preemption of Dr. Allen's state law breach of contract claims revolved around an unfounded allegation that just because he and other physicians in his practice purchased individual policies from Unum affiliate Provident Life and Casualty Insurance Company that were charged on the same bill but paid separately and personally, an ERISA plan existed.

On December 31, 2021, New York enacted the Comprehensive Insurance Disclosure Act ("CIDA"), requiring defendants to provide plaintiffs with "complete" information for any insurance policy through which a judgment could be satisfied, within sixty (60) days after serving an answer.

Courts across the nation have struggled to determine whether insurance policies that provide coverage for "direct physical loss or damage" insure losses stemming from COVID-19.