SDV Insights

Nevada Legislature Burns Insurers' Rights to Offer Eroding Limits

Nevada's legislature recently passed a groundbreaking law imposing two prohibitions on insurers. First, the law prohibits insurers from issuing or renewing any liability insurance policy with an "eroding limits" provision.

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Texas Confirms Employer's Liability Coverage Is Only Available If The Injured Worker Is An Employee Of The Named Insured

In Gemini Insurance Company v. Indemnity Insurance Company of North America, the U.S. District Court for the Southern District of Texas found an employer's liability policy only provides coverage for bodily injury claims brought against the Named Insured by its own employees and NOT employees of its subcontractors.

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Will Bennett Featured on Insuring Cyber Podcast

SDV's Will Bennett joined the latest episode of Insuring Cyber Podcast. Will and host Elizabeth Blosfield, Deputy Editor at Carrier Management, took a dive deep into the captivating world of generative AI chatbots in the insurance industry and explored the benefits and risks associated with their use and the use of AI in the insurance industry in general.

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Policy Language Matters: New Jersey Court Bars Cleanup Coverage Under Broad Policy Terms

The New Jersey Appellate Division in Handy & Harman v. Beazley USA Services, Inc., provided clarity regarding the interpretation of the Prior or Pending Litigation Exclusion in a site-specific environmental liability insurance policy.

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Florida Insurance Legislation Alert - Part I

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837 which significantly impacts several critical aspects of modern Florida civil litigation, particularly insurance disputes. SDV has actively monitored the evolution of this legislation, including substantial commentary from the legal and insurance communities that followed its enactment. In this multi-part series, we will explore the critical developments impacting policyholders and what to expect moving forward.

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Connecticut Federal District Court Follows Majority Rule on Insurance Policy Anti-Assignment Clauses

A recent decision by the United States District Court for the District of Connecticut further confirms that Connecticut courts follow the majority rule that contractual anti-assignment clauses do not bar assignment of an insured's claim after the loss occurred.

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Five Insurance Considerations for Cannabis-Related Businesses

Cannabis businesses have now entered the economy of numerous states across the country. Based on the recent regulatory changes which have allowed these businesses to operate, business owners should evaluate several insurance considerations which are unique for cannabis-related companies.

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Rhode Island Finds Pollution Exclusion Ambiguous, Orders Coverage for Home Heating Oil Leak

The Rhode Island case of Regan Heating and Air Conditioning, Inc. v. Arbella Protection Insurance Company, Inc., et. al., No. 2020-170-Appeal (PC 15-4811) (R.I. January 27, 2023) provides much-needed guidance regarding ambiguity and the term "pollution."

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Collateral Damage: How to Avoid the Pitfalls of Collateral Agreements

Although collateral agreements provide security for insurers on policies with large deductibles, they can create hardships for insureds that are out of proportion with the insurers' security concerns.

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Courts Rule on Additional Insured Endorsements and Vicarious Liability

Since the advent of the modern Insurance Services Office, Inc. (ISO), standard additional insured (AI) endorsement in the early 2000s, many insurance companies have advocated for an exceedingly narrow application, arguing that coverage is available only for the AI's vicarious liability for the named insured's acts or omissions.

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