SDV Insights

Additional Insured Coverage Under Excess Policies

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

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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.

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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.

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Insurer Appeals Dismissal of Subrogation Claim Against Freight Carrier

An insurer of a pharmaceutical company is appealing a New Jersey District Court's dismissal of its subrogation claim against a freight carrier that was transporting a $9 million pharmaceutical shipment when it was stolen.

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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.

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State Supreme Court Cases Highlight Importance of Wording in Earth Movement Exclusions

In Erie Insurance Property and Casualty Company v. Chaber, the West Virginia Supreme Court recently held that an insurance policy's earth movement exclusion was unambiguous and applied to both manmade and natural earth movement. The Court also found that a narrow "ensuing loss" exception to the exclusion that provided coverage for glass breakage resulting from earth movement could not be extended to cover the entire loss.

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New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

In The Burlington Insurance Company v. NYC Transit Authority, et al., No. 2016-00096, the New York Court of Appeals issued a landmark decision with regard to the meaning of "caused, in whole or in part, by" in the additional insured context.

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District of Oregon Predicts Oregon's Place in "Plain Meaning" Pollution Camp

The Federal District Court for the District of Oregon recently decided that Carbon Monoxide constitutes a pollutant within the meaning of a pollution exclusion in a Commercial General Liability ("CGL") policy.

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California Governor Signs SB 496 Amending California's Anti-Indemnity Statute

The bill amends Cal. Civ. Code 2782.8 as it applies to indemnity agreements with design professionals. The pre-existing 2782.8 prohibited public agencies from requiring indemnity from design professionals for anything other than claims arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the design professional.

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AIA Releases New Insurance Exhibit

The American Institute of Architects ("AIA") released the latest revisions to its form construction contract documents at the AIA's National Conference on April 27-29, 2017.

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