SDV Insights

Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage

An Indiana businessman found out the hard way how far his insurance company was willing to go to avoid paying a claim after it misrepresented the coverage of a crime policy it sold to him. The quote for the policy indicated that it included coverage for losses resulting from computer hacking.

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Event Cancellation Insurance During the COVID-19 Pandemic: Key Strategies

The COVID-19 pandemic has led to an unprecedented number of event cancellations ranging from travel and tourism, hotel and hospitality, corporate conferences, outdoor festivals, as well as many other events. By far, one of the largest industries impacted by COVID-19 is the hospitality industry.

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State Initiatives to Expand Workers' Compensation for COVID-19

In response to the COVID-19 pandemic, numerous states have mounted initiatives to expand access to Workers' Compensation benefits for workers affected by COVID-19, with new states joining every day. Among the states that have addressed the issue to date are Alaska, Arkansas, California, Florida, Illinois, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, New York, New Jersey, Pennsylvania, Ohio, Utah, Vermont, Washington, and Wisconsin.

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Ninth Circuit Finds that Insured's Umbrella Liability Insurance Must Drop Down to Co-Primary Coverage with Commercial General Liability Policy

In American States Insurance Company v. Insurance Company of the State of Pennsylvania, No. 18-15770, 2020 WL 70491, the Ninth Circuit issued a decision about the role umbrella insurance policies have when there is a gap in insurance coverage and thereby opening the possibility for equitable contribution claims.

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8th Circuit Finds Construction Defect Not an Occurrence on CGL Policy

Contradicting the Missouri Supreme Court and the majority of courts nationally, the 8th Circuit, applying Missouri law, recently ruled, in American Family Mutual Ins. Co. v. Mid-American Grain Distributors LLC, that defective or faulty workmanship is not an "occurrence" within the meaning of a Commercial General Liability ("CGL") policy.

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COVID-19 Insurance and Nonprofits: The Case for Coverage

The cancellation of events producing income, galas and other fundraising events, the furloughing and quarantining of employees and volunteers, and the prospect of possible third-party liability claims have all caused considerable financial strains for many nonprofit entities, in recent weeks, thanks to the COVID-19 crisis. Insurance coverage can help nonprofits weather the storm but getting past initial insurer denials or reservations of rights can require both know-how and considerable work.

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California Not Tired of Montrose Yet: Supreme Court Adopts Vertical Exhaustion for Progressive Loss Excess Coverage

In a victory for policyholders, the California Supreme Court recently held that an insured faced with a progressive loss only needs to exhaust all directly underlying polices to access excess layers within that policy period.

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Your CGL Policy May Cover More Than You Think - Damages "because of' Property Damage or Bodily Injury for Construction Projects

Construction projects are susceptible to injuries and property damage - which is why the stakeholders involved rely heavily on commercial general liability ("CGL") insurance policies when such losses occur.

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Pennsylvania Appellate Courts Favored Finding Coverage in April

On April 22, 2020, in a 4-3 opinion, the Pennsylvania Supreme Court ruled that an insurer must defend its insured in connection with an intentional murder-suicide that also resulted in unintentional injuries.

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COVID-19 Shutdown? Beware of the Vacancy Provision in your Property Policy!

As the nation responded to the COVID-19 pandemic, bars and restaurants across the nation were shut down by local or state edict with no known re-opening date in sight. Beware of the (no) vacancy provision! Almost every commercial property policy has some variation of a vacancy or unoccupancy provision.

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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.