SDV Insights

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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Silent Cyber Coverage Here to Stay? New Jersey Appellate Court Rejects Insurers' Attempt to Expand Scope of the War Exclusions to Cyber Claims

The War and Hostile Action Exclusions have been standard exclusions in property and general liability policies for decades. With the rise of cyber claims, insurers have turned to these exclusions to deny coverage where the bad actor may have governmental roots.

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Insurer's Duty to Defend Excused by 2nd Circuit Court of Appeal Due to "Prior Knowledge" Exclusion

In North River Ins. Co. v. Leifer, the United States Court of Appeals for the Second Circuit determined that a "prior knowledge" exclusion in a professional liability insurance policy excused the insurer from its duty to defend against malpractice claims brought against its insured. In so holding, the Second Circuit concluded that the insured failed to disclose facts and circumstances to its insurer that it knew or should have known could result in a future malpractice claim.

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The Eight Circuit Affirms Coverage for Costs Arising "Directly From" Employee Theft

In National Union Fire Insurance Company of Pittsburg v. Cargill, Inc., the Eight Circuit Court of Appeals, applying Minnesota law, recently addressed whether damages associated with an employee's embezzlement scheme would be covered under a policy for employee theft.

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Insurance Carrier Caught Red-Handed in Fingerprints Retention Case

In the matter of Remprex, LLC v. Certain Underwriters at Lloyd's London, policyholder Remprex was thrust into two separate class actions, both involving alleged violations of the Biometric Information Privacy Act ("BIPA").

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Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits

In the construction sector, the importance of closely vetting downstream parties' insurance has never been more critical. The markets have been hardening with no seeming end in sight and carriers are looking for any way to get an edge.

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U.S. Supreme Court Decision May Nullify Choice-of-Law Provisions Under Admiralty Law

It is rare for the U.S. Supreme Court to grant certiorari in cases involving issues of insurance. However, the Court's decision to grant certiorari in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, 143 S. Ct. 999 (2023), may substantially alter the use of choice-of-law provisions in maritime insurance policies, and possibly, insurance policies in general.

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