SDV Insights

Stormy Seas Ahead: 5th Circuit to Review Whether Maritime Law Applies to Offshore Service Contract

Earlier this year, the 5th Circuit applied the Davis factors to determine the validity of an indemnity clause in a Master Services Contract. In Larry Doiron Inc. et al., v. Specialty Rental Tool & Supply LLP et al., the court affirmed the notion that if a contract provides services on navigable waters aboard a vessel, a maritime contract exists, even if the contract calls for incidental or insubstantial work unrelated to the use of a vessel.

Read More +

Affirmed: Nationwide Acted in Bad Faith by Failing to Settle Within Limits

The Eleventh Circuit recently affirmed that Nationwide acted in bad faith by refusing to settle a claim against its insured for the policy limits of $100,000, exposing the policyholder to a $5.83 million verdict.

Read More +

Pennsylvania Supreme Court Rules that Insurance Salesman had No Fiduciary Duty to Policyholders

On June 20, 2017, the Pennsylvania Supreme Court ruled that a life insurance salesman had no fiduciary duty to his customers where the customers retained decision-making authority regarding which policies to purchase.

Read More +

Refinery Power Outage Illuminates Importance of Service Interruption Coverage

In an action filed against Pacific Gas & Electric (PG&E) in the Eastern District of California last month, Valero Refining Co. alleges it sustained damages in excess of $75 million, including costs to restore operations and lost profits from decreased output, as a result of a power outage to its Benecia, California refinery. See Valero Refining Co. -- California v. Pacific Gas & Electric Co., 2:17-cv-01359-TLN-EFB (E.D.Cal. June 30, 2017).

Read More +

Florida's New Statute of Repose for Construction Defect Claims

On June 15, 2017, Governor Rick Scott ratified H.B. 377, which amends Florida's statute of repose for construction defect claims to include, for the first time, a definition for contract completion.

Read More +

Connecticut District Court to Review Proposed Class Action in Defective Concrete Suit

Thousands of Connecticut homeowners have fallen victim to a defective concrete epidemic. Over the last thirty years, the foundation in many homes, particularly in the Northeast region of the state, was built with a concrete aggregate that contained the mineral pyrrhotite.

Read More +

Additional Insured Coverage Under Excess Policies

SDV Partner Gregory Podolak recently published “Additional Insured Coverage Under Excess Policies,” anot ...

Read More +

Texas Court Denies Exxon a La Carte Coverage

In April, the Court of Appeals of Texas held that a party seeking additional insured coverage under an umbrella general liability policy issued by Lexington Insurance Company cannot reap the benefits of being an additional insured, and simultaneously avoid the limitations of an arbitration clause contained in the policy.

Read More +

Massachusetts High Court Holds insurers Have No Duty to Prosecute Counterclaims on Behalf of Their Insureds

The Massachusetts Supreme Court has held that an insurer's duty to defend does not include a duty to prosecute or fund its insured's affirmative counterclaim against a third party under an employment practices liability insurance policy. The insured manufacturer in this case was sued for wrongful termination by a former employee whom the manufacturer accused of misappropriating company funds, and intended to pursue a counterclaim to recover the money.

Read More +

SDV Amicus Brief Contributes to Policyholder-Friendly Outcome

The Rhode Island Supreme Court recently relied on an SDV amicus brief to decide a case favorable to policyholders. In Amberleigh Hudson v. GEICO Insurance Agency, 2017 WL 2622777 (R.I. June 16, 2017), the Court held that an automobile passenger was still "occupying" the vehicle for purposes of uninsured motorist coverage after exiting the vehicle to help an accident victim.

Read More +

CONTACT US

The email you are sending does not create an attorney-client relationship with SDV. We do not agree to representation until we have performed a check for conflicts of interest and expressly agree to provide services in a particular matter via an engagement letter. The information submitted to us via this website will NOT be treated as confidential or privileged as a lawyer/client communication and our receipt of this information does not prevent us from representing a client related to the subject of your inquiry.

Northeast

35 Nutmeg Drive
Trumbull, CT 06611

203.287.2100

Southeast

851 5th Avenue N
Naples, FL 34102

239.316.7244

West Coast

Two BetterWorld Circle
Temecula, CA 92590

951.365.3145


SDV is based in Connecticut, conveniently located between New York City and Boston, with regional offices in Florida and California to better serve our clients. We're ready to answer your questions and eager to assist you in developing solutions.