SDV Insights

How Will D&O Insurance Evolve with the Coronavirus?

When Directors and Officers (D&O) insurance was first introduced by the London underwriting market in the 1930s, it was intended to cover a narrow range of emerging liabilities. Following the Great Depression and the uptick in securities regulation, there was a perceived need for insurance to protect corporate officers from the risks of doing business.

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Beware of the Dangers of Designating a Project "Premises" When Using the ISO CG 21 44 or its Equivalents

Project-specific policies sold to the construction industry routinely include ISO form CG 21 44 07 98, entitled "Limitation of Coverage to Designated Premises or Project", to identify the covered construction project. Care must be taken in the use of this form, however, to avoid granting more coverage than the insured and insurer intend.

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Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss

From structural collapses to fires, the construction industry has experienced a number of high-profile catastrophes over the past decade. These disasters test the mettle of even the most experienced risk professionals and the strongest insurance programs. Issues can arise in all facets of the company's contracts and insurance policies, and dealing with the aftermath is an extensive and demanding process that can involve many players.

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Bostock v. Clayton County - Supreme Court Casts New Theories of Employment Practices Liability Under Title VII Nationwide

The financial integrity of commercial entities depends heavily on their ability to anticipate risks and financial liabilities while working in conjunction with their partners and insurers to allocate these costs before they arise. This is a fluid and dynamic process as some companies' operations may span across numerous jurisdictions with varying approaches to the legal issues their business regularly faces.

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Hotel's Excess Insurer Escapes Liability as "Following-Form" Coverage Excludes Claim

Many policyholders assume that "following form" excess liability coverage will be available, if needed, above the primary policy's limits. This assumption should never replace the true measure of determining coverage--reading the policy.

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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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