SDV Insights

Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program

The risk of bodily injury lawsuits is an unavoidable reality for property owners and facilities managers ("FMs") of large commercial sites such as universities, malls, office buildings, or stadiums. Any person who steps foot on the property is a potential plaintiff, including students, tenants, customers, contractors, and vendors.

Read More +

Class Actions Resulting From Covid Claims and Bad Faith, published by Property Casualty 360

In the year following the global outbreak of COVID-19, thousands of businesses have experienced unprecedented financial hardship. It is no surprise that surviving businesses are looking to their insurance policies to recover lost business income incurred as a result of the pandemic.

Read More +

New York Appellate Division: Second Department Contradicts First Department, Denying Insurer's Recoupment of Defense Costs for Uncovered Claims

New York law has historically allowed insurers to recoup defense costs paid on behalf of an insured if there is ultimately no coverage for the underlying action, provided that the insurer reserved its rights to seek reimbursement.

Read More +

New Jersey Supreme Court Upholds $400 Million Award for Superstorm Sandy Damages

In New Jersey Transit Corp. v. Certain Underwriters at Lloyd's London, New Jersey's highest court upheld an appellate decision finding that New Jersey Transit Corporation ("NJT") was entitled to full coverage under its property insurance policy for damages caused by Superstorm Sandy.

Read More +

Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

In the case of NextSun Energy Littleton, LLC v. Acadia Ins. Co., the United States District Court of Massachusetts held that once direct physical damage from a covered peril causes a covered business interruption loss, any increase in the duration of such business interruption, due to the enforcement of an ordinance or law, extends the coverage period provided for lost income.

Read More +

New York Labor Laws and Action Over Exclusions

Subcontractors sign contracts every day which require them to provide insurance for liabilities arising out of the performance of their work, but in New York in particular there is often a failure of risk transfer due to labor law or "Action Over" exclusions.

Read More +

Auto Accidents Drove Significant Bad Faith Decisions in 2020

Insurers have a duty to handle claims in good faith. Depending on the jurisdiction, an insurer's failure to settle, unreasonable denial of a claim, or improper claims handling can expose the insurer to damages above the policy limits. Automobile accidents were a driving force behind bad faith litigation last year, with four significant appellate-level decisions handed down nationwide.

Read More +

Top 10 Insurance Cases of 2020

COVID-19 business interruption coverage litigation may have stolen the show in 2020, but those cases should not eclipse other important insurance coverage cases decided throughout this past year.

Read More +

"Protecting Yourself from Downstream Risks," featured in FMJ Magazine

Jeremiah Welch and Cheryl Kozdrey's recent article, "Protecting Yourself from Downstream Risks," was recently featured in the May/June 2020 edition of FMJ Magazine, the official magazine for International Facility Management Association (IFMA). This article explores effective risk management processes, including contractual risk transfer and insurance protections from downstream parties, and simple tools Facilities Managers can utilize to mitigate risk.

Read More +

Missouri Insurance Bad Faith Claim Overrides New York Choice of Law Provision

In Maritz Holdings, Inc. v. Certain Underwriters at Lloyd's London, the policyholder, Maritz, sought insurance coverage for cyber-security breaches that resulted in the theft of electronically stored gift card information. Lloyd's of London provided Maritz with breach-response insurance policies from 2015 through 2017, and Maritz sought coverage from Lloyd's for fees and costs incurred in responding to the security breaches.

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

233 Mount Airy Road
Basking Ridge, NJ 07920

973.446.7300

Southeast

999 Vanderbilt Beach Road, Ste 603
Naples, FL 34108

239.316.7244

West Coast

One BetterWorld Circle
Temecula, CA 92590

951.365.3145

SDV is headquartered in Connecticut, with regional offices in New Jersey, Florida, and California to better serve our clients. We are ready to answer your questions and are eager to assist you in developing solutions.