SDV Insights

Ninth Circuit Agrees Insured's Long-Term Disability Claim Not Barred by Res Judicata

In Kayle Flores v. Life Insurance Company of North America ("Flores II"), the Ninth Circuit agreed with the insured and reversed the Central District of California's finding that her Long-Term Disability claim was barred by res judicata.

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Florida's New Pre-Suit Notification Requirement: Retroactive or Prospective Application?

Florida's newly formed Sixth District Court of Appeal ("Sixth DCA") recently certified conflict with Florida's Fourth District Court of Appeal on the issue of retroactive application of the pre-suit notice requirement contained in Florida Statute 627.70152.

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Clash of the Clauses - Irreconcilable "Other Insurance" Clauses Will Result in Insurers Sharing Losses Pro Rata

In National Casualty Company v. Georgia School Board Association - Risk Management Fund, the Eleventh Circuit recently affirmed a Georgia rule under which irreconcilable "other insurance" clauses will not be enforced.

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Top 10 Insurance Cases of 2023

Federal and state courts tackled many interesting insurance-related issues this past year. Perhaps no state had a more impactful year than Illinois, which held that construction defects could constitute an occurrence, that a LEG 3 "extension" attempting to preclude coverage for faulty or defective workmanship was ambiguous as a matter of law (applying Illinois law), and that ostensibly prohibitive "catch-all exclusions" can render policy language ambiguous in favor of coverage.

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Tenth Circuit Applies Broad Interpretation of "Interrelated Acts" to Preclude Policyholder's Access to Aggregate Limits

The Tenth Circuit's recent broad application of Oklahoma law on "interrelated acts" creates concerning precedent for policyholders seeking to maximize coverage under a professional liability policy with per claim limits.

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Insurer's Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis

When an insurer handles a claim in violation of its duty to act in good faith, policyholders are often eager to sue the insurer for bad faith, seeking extra contractual damages. Before filing suit, however, it is critical that policyholders consider what state's law applies to the bad faith claim.

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Cooperating With Your Insurance Carrier: Is It a Must?

A majority of insurance policies require the insured to cooperate with the insurer. The cooperation clause generally states, "the insured agrees to Cooperate with us in the investigation, settlement or defense of the suit."

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Illinois Joins the Pack on Defective Construction as an Occurrence

Illinois joins the majority of states finding "property damage that results inadvertently from faulty work can be caused by an 'accident' and therefore constitute an 'occurrence'."

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The Importance of Understanding When a Claim is a "Claim"

It is well known that insurance policies universally impose a requirement that a "claim" be timely submitted. Unfortunately, this basic coverage condition is so well known that policyholders often overlook what exactly constitutes a "claim" under their insurance policy.

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Critical Updates in Builders Risk Claim Recovery: Staying Ahead of the "Satisfactory State" Argument and Getting the Most Out of LEG 3

Builders risk claims routinely involve complicated and aggressive debate about the interplay between covered physical loss and uncovered faulty work. However, denials on this front have recently experienced a noticeable uptick in frequency, creativity, and aggressiveness.

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