SDV Insights

Coverage Is Critical As Corporate Policyholders See Surge In Biometric Privacy Claims

There has been a recent surge in lawsuits filed by employees and customers of restaurants, hotels, and other major retailers, alleging violations of the Illinois Biometric Information Privacy Act ("BIPA"). BIPA generally prohibits the collection, use, and disclosure of biometric data without an individual's prior written consent.

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In the Hot Seat: Connecticut takes on ExxonMobil Over Contributions to Climate Change

The State of Connecticut recently joined a growing list of state governments attempting to hold ExxonMobil ("Exxon") accountable for causing climate change, bringing the total number of such states to 21. Connecticut alleges that the oil & gas giant lied to the public for decades about climate science and its own contributions of harmful toxins to the environment.

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Massachusetts Clarifies When the Statute of Repose is Triggered For a Multi-Phase or Multi-Building Project

Lennar Hingham Holdings, LLC ("Lennar") built a twenty-eight-building, 150-unit condominium project containing twenty-four discrete phases over a seven-year span. The condominium association subsequently brought an action against Lennar and others alleging design and construction defects to four main components of the common elements: "decks and columns," roofing/flashing," "exterior walls/flashing/building envelope," and "irrigation system."

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Testing the Limits: 124 Cases of Food Poisoning Over a Four-day Period Ruled a Single Occurrence

On November 4, 2020, the U.S. District Court for the Western District of Texas, San Antonio Division ruled that 124 separate cases of food poisoning at the Pasha Mediterranean Grill restaurant over a four-day period arose out of a single occurrence.

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Power & Energy - Emerging Insurance Coverage Cases of Interest

The Power & Energy sector faces a multitude of risks that impact output and profitability, requiring sound risk management and robust insurance programs. As of recent, like most industries, there have been significant challenges facing the industry in light of COVID-19.

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Hurricane Season Policyholder's Handbook

Saxe Doernberger & Vita's ("SDV") Natural Disaster Recovery Group presents the Hurricane Season Policyholder's Handbook.

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D&O Coverage for Lawsuits Alleging Lack of Boardroom Diversity: Is Your Company Protected?

Amid the current movement for racial justice, a new trend has emerged in the world of Directors and Officers insurance. A recent wave of lawsuits that are expected to trigger D&O policies has been brought against major corporations in the U.S., with a message reflective of the movement: that racial diversity belongs in the boardroom.

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New Jersey Court See's Potential in Optical Services COVID-19 Coverage Suit

In Optical Services USA/JCI v. Franklin Mut. Ins. Co.,1 the New Jersey Superior Court denied the insurer's motion to dismiss the policyholders' COVID-19 coverage suit. The Plaintiffs in this case were optometrists' offices forced to close by New Jersey Governor Phil Murphy's Executive Order No. 107, which temporarily shut down non-essential businesses to help slow the spread of COVID-19 in New Jersey.

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The Future of Pandemic Coverage for Real Estate Owners and Developers

Shutdowns resulting from the COVID-19 pandemic have prompted an unprecedented number of business income and business interruption insurance claims. Many claims have resulted in litigation and require judicial intervention to determine whether private insurance carriers owe policyholders indemnification for pandemic related losses.

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Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other

The Hartford's so-called virus exclusion in its commercial property forms is getting a workout, and policyholders now have an argument that may help their cases move past the pleadings stage. A U.S. District Court in Florida has deemed the exclusion ambiguous and denied an insurer's motion to dismiss.

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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.