SDV Insights

Every commercial property owner, developer, general contractor, subcontractor, and vendor should understand the concept of contractual risk transfer and how it might affect its company and projects.

In the case of Wolf v. Life Insurance Company of North America, 2022 WL 3652966, (9th Cir. August 25, 2022), the Ninth Circuit Court of Appeals affirmed the determination of the district court agreeing that the tragic death of a young man was an "accident" as defined under an accidental death and dismemberment (AD&D) policy.

The December 2021 First Department decision in Nouveau Elevator Indus. v. New York Marine & General Ins. Co. is pushing some buttons in the elevator industry, given the significant implications it may have on the adequacy of policy limits for elevator service companies operating in New York state.

In the case of Vermont Mutual Insurance Co. v. Poirier, 189 N.E.3d 306 (Mass. 2022), Massachusetts' Supreme Judicial Court concluded that an award of attorney's fees pursuant to Chapter 93A (Massachusetts' Consumer Protection Act) is not covered under an insured's general liability insurance policy.

In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered "property damage" under Colorado law, requiring payment by a commercial general liability policy.

Zoom Video Communications, Inc. recently filed suit against four of its insurers alleging that it is owed their policy limits due to paying over $90 million in litigation costs stemming from several underlying lawsuits -- a government investigation and subsequent lawsuit and several other private lawsuits.

Construction accidents happen all the time. Accidents involving worker injuries or damage to property can shut down a job site and cause significant losses. Contractors should be diligent and aggressive in examining all of the available options for recovery under their different insurance policies and bonds. This article will provide a refresher on some basic tips to help policyholders improve claims practices with respect to construction accidents.

Contractor professional liability coverage insures against liability that derives from the technical aspects of a construction project - including architectural, engineering, and survey work. It is especially valuable in circumstances where the contractor has design responsibility as part of its project scope, such as in the case of "design build" projects or where "design assist" work is undertaken.

The Fifth Circuit Court of Appeals provided valuable insight on coverage available through ensuing loss exceptions to faulty work and design exclusions in builder's risk insurance policies. In Balfour Beatty, the Court held that, in order to the ensuing loss must be causally distinct from the original excluded loss.

The Depp v. Heard trial featured salacious and surprising testimony that riveted the country, but arguably the most surprising aspect of the case was that Ms. Heard's homeowners policy insurer, Travelers Commercial Insurance ("Travelers"), paid for her defense against Mr. Depp's claims.