SDV Insights

Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

Maryland's highest court recently heard arguments regarding the proper method of allocation of the covered damages from a slowly progressing asbestos injury amongst insurance policies in place over a period of years. Rossello v. Zurich American Insurance Company, Case No. 2436 (Md. 2019). The court may also be forced to determine what the proper trigger of coverage is for latent bodily injury claims, although the plaintiff has not framed the issue in that manner.

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The 2019 ISO Forms: Additions, Revisions, and Pitfalls

The Insurance Services Office, Inc. (ISO) issued several new and revised endorsements for use with Commercial General Liability (CGL) coverage forms, which became effective December 1, 2019, in most jurisdictions. The new ISO endorsements include several notable changes that Policyholders should be aware of, including revisions to existing Additional Insured (AI), Primary and Noncontributory, and Waiver of Subrogation endorsements, as well as a number of new AI and other endorsement forms.

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D&O Coverage for Government Investigations: When is my Policy Triggered?

Formal investigations into the activities of corporations and their directors and officers remain increasingly hot topics in the news. While many of these investigations make headlines, whether or not a company might have coverage for fees incurred defending these investigations is seldom mentioned. Depending on the policy language, Director's and Officer's Liability ("D&O") may be a crucial risk management tool for companies faced with governmental investigations.

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Montana Supreme Court: Insurer Not Bound by Insured's Settlement

In Draggin' Y Cattle Co., Inc. v. Junkermier, et al. the Montana Supreme Court held that where an insurer defends its insured and the insured subsequently settles the claims without an insurer's participation, a court may approve the settlement as between the underlying plaintiff and underlying defendant, but the settlement will not be presumed reasonable as to the insurer.

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To Buy or Not to Buy: Rhode Island Supreme Court Weighs in on Car Rental Standing Issue

When renting a car, consumers are faced with the dilemma of whether or not they should purchase a protection plan to cover any damage incurred while the car is in use. Before driving out and upon return, the rental company looks over the car carefully, taking note of any scratches, dings, and dents. Consumers often leave with many questions.

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Excess Insurer Allowed Post-Award Coverage Action

Recently, the 8th Circuit addressed allocation issues between covered and non-covered claims under a general liability policy. While allocation is a common issue raised by insurers, this case involved allocation raised by an excess carrier who did not participate in the defense of the underlying action.

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Ontario Court of Appeal Clarifies Insured's Duty to Cooperate

It is not often that a case discussing the duty to cooperate comes along, although this is an important condition of coverage in virtually all insurance policies. The Ontario Court of Appeal decision in Ruddell v. Gore Mutual Insurance Company comes as helpful and reassuring guidance to policyholders on what the "duty to cooperate" language in their policy obligates them to do.

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The Priority Condition in Zurich Form U-GL-1345-B-CW May Cause Risk Transfer Problems for Upstream Additional Insureds

Zurich American Insurance Company ("Zurich") offers a proprietary "General Liability Supplemental Coverage Endorsement," form U-GL-1345-B-CW (04/13), which is used to modify and, in some cases, enhance coverage terms reflected in current ISO commercial general liability ("CGL") forms. However, form U-GL-1345-B-CW includes one change that can significantly impair risk transfer when used by a trade subcontractor who has promised additional insured ("AI") coverage to an upstream party.

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Mitigating Franchisor Exposures for Systemwide GDPR Compliance through Cyber Insurance

The European Union's ("EU") General Data Protection Regulation ("GDPR") has been in effect for just over a year, and the full extent of the data privacy law's global impact is just now being fully realized.

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IRMI: Additional Insured Coverage: Don't Overlook Auto Insurance

International Risk Management Institute, Inc. recently published an article written by Greg Podolak, with the assistance of Celia Waters on Additional Insured Coverage and Auto Insurance. Auto insurance can play a vital role as an insurance recovery asset to an upstream party, therefore properly navigating coverage on a downstream party's auto policy is important.

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