SDV Insights

In South Carolina, Insurer's Denial of Liability Does Not Waive Attorney-Client Privilege for Bad Faith Claim

Determining the scope of discovery can be challenging, particularly when an insurance bad faith claim is involved. Courts often face the difficult decision of weighing the importance of preserving attorney-client privilege with the public policy rationale of protecting an insured against their insurer's bad faith behavior. The Supreme Court of South Carolina recently recognized this dilemma by rejecting a hardline approach to bad faith discovery disputes and adopting a case-by-case analysis.

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Illinois Favors Finding Construction Defects as an Occurrence

A recent Illinois Appellate Court’s decision in, Acuity Ins. Co. v. 950 West Huron Condominium Owners Association, 2019 IL App (1st) 180743 (2019), strengthens Illinois’ pre ...

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The Murky Waters Between "Good Faith" and "Bad Faith"

In honor of Shark Week, that annual television-event where we eagerly flip on the Discovery Channel to get our fix of these magnificent (and terrifying!) creatures, I was inspired to write about ...

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Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico

Policyholders in Puerto Rico should be aware of significant benefits provided by recent amendments to the Insurance Code. New rules establish an expedited method of property insurance dispute re ...

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ISO Modifies Wrap-Up Exclusion

For those contractors and other parties enrolled in wrap-up insurance programs, one nagging issue frustrating risk transfer has been the Designated Operations Wrap-Up Exclusion found on many contractors' programs.

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Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders

On June 24, 2019, the Colorado Supreme Court ruled that the plain language of appraisal provisions in insurance policies, requiring “impartial appraisers,” direct
appraisers ...

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California Supreme Court Decision on TCPA Liability Could Provide Open Season for Policyholders

The California Supreme Court recently accepted a certified question from the Ninth Circuit regarding coverage for claims arising under the Telephone Consumer Protection Act ("TCPA"). The Court will determine whether a commercial general liability ("CGL") policy's modified personal and advertising injury coverage clause includes claims based on the insured's sending of unsolicited text messages that do not reveal private information.

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N.J. Appellate Court Confirms that AIA Construction Contract Bars Insurer's Subrogation Claim

On April 4, 2019, the Appellate Division of the New Jersey Superior Court confirmed that the waiver of subrogation provision in a commonly used form construction contract, American Institute of Architects (AIA) form A201 -- 2007 General Conditions of the Contract for Construction, precluded an insurer's claims against a subcontractor.

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Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

Tennessee's Supreme Court recently held that an insurer may not withhold repair labor costs as depreciation when the policy definition of actual cash value is found to be ambiguous. Tennessee joins other states like California and Vermont that prohibit the depreciation of repair labor costs in property policies.

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Connecticut Crumbling Concrete Cases Not Covered Under "Collapse" Provision in Homeowner's Policy

In recent years, the foundations of approximately 35,000 homes in northeastern Connecticut have begun to deteriorate as a result of faulty concrete used to build homes during the 1980s and 1990s. Dozens of homeowners have been suing their insurers for denying coverage for claims based on the deteriorating foundations. Of those cases, three related lawsuits against Allstate Insurance Company were the first to make it to the federal appellate level.

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