SDV Insights

PA High Court: Proof of Insurer's Ill Will is Not Required for Bad Faith Claim

On September 28, the Pennsylvania Supreme Court rendered an opinion adopting a two-part test for proving a claim under Pennsylvania's bad faith statute. To prevail on a statutory bad faith claim, "the plaintiff must present clear and convincing evidence (1) that the insurer did not have a reasonable basis for denying benefits under the policy and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis."

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The Connecticut Appellate Court Finds Single Auto Policy Limit Applies to Two Claims

The Connecticut Appellate Court recently held that a single "per-person" auto policy limit of insurance applied to a spouse's loss of consortium claim because it was not truly independent from the related bodily injury claim.

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The Dog Ate My Exclusion! - Georgia Federal Court: No Reformation to Add Pollution Exclusion

While schoolchildren know that the classic "the dog ate my homework" excuse doesn't work, insurance companies are willing to try a variation of that excuse. Ace American Insurance Company (Ace), sold a property policy (the Policy) to Exide Technologies, Inc. (Exide). Exide sought coverage under the Policy for acid damage at its former battery factory. Ace denied coverage, citing to the pollution exclusion. The only problem? The Policy contained no pollution exclusion!

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Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses

The Second Circuit recently affirmed that an insured bears the burden of distinguishing between covered and uncovered damages in a claim against an insurance company.

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South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an "Occurrence"

If you have a commercial general liability policy that is subject to South Dakota law, damages resulting from faulty workmanship constitute an “occurrence” un ...

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Captive Owners Face the Music in Long-Awaited Tax Court Decision

The United States Tax Court recently made it harder for business owners to form captive insurance companies for the sole purpose of obtaining tax benefits.

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Property Damage in Texas? File Your Claim Before 9/1

As Hurricane Harvey leaves its destructive mark on Texas, policyholders are left to pick up the pieces. Coincidentally, a new Texas law scheduled to take effect on September 1 could limit your insurance recovery.

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Hurricane Harvey Alert: Understanding Insurance Coverage and the Immediate Steps Risk Managers Must Take to mitigate a loss and prepare a claim

Hurricane Harvey will test many risk managers' insurance programs and response plans as it's been over 10 years since a major hurricane made landfall in the U.S.

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Federal Court: Auto Liability Carrier Must Cover Suit Involving Independent Contractor Despite "Employee Exclusion"

Motor carriers, particularly those that engage independent contractors, should keep in mind that the issue of worker classification, and how those contractors are treated by the motor carrier, could have a profound impact on whether claims are covered under their automobile liability insurance programs.

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Broad Interpretation of Professional Services Exclusion Bars Coverage for Pipeline Explosion Liability

Policyholders should be aware of professional services exclusions in their liability policies that may be broadly interpreted to exclude liability arising out of operations that, while traditionally not regarded as professional in nature, may include professional elements or duties. Furthermore, it should never be assumed that an umbrella or excess policy will provide follow-form coverage to a primary policy that does not contain a professional services exclusion.

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