SDV Insights

Trouble persists for policyholders seeking coverage for Biometric Information Privacy Act ("BIPA") litigation after the recent decision by the U.S. District Court for the Northern District of Illinois in Westfield Insurance Company v. UCAL Systems, Inc. d/b/a AMTEC PRECISION PRODUCTS, et al.

Several states utilize a unique statutory mechanism to allow school districts to finance the construction of public-school facilities. This arrangement (known as a "lease-leaseback agreement") allows a school district to lease property to a contractor/developer, who then constructs or renovates a school facility on the property.

Despite best intentions, sometimes policyholders encounter challenges adhering to the applicable statute of limitations or their policy's limitation of suit deadline. In complex insurance claims, identifying, comprehending, and accurately quantifying significant and long-term losses may take several years.

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.

On November 21, 2022, in the first case ever to reach a jury against the National Collegiate Athletic Association ("NCAA"), a Los Angeles County jury found the NCAA was not responsible for the death of former University of Southern California linebacker Matthew Gee.

The recent case, Prudential Insurance Company of America v. Sheppard, decided by the Federal District Court for the Middle District of Florida, highlights the importance of reviewing life insurance policy beneficiary designations for clarity and accuracy, to ensure that death benefits are properly paid to the intended beneficiaries.

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.