SDV Insights

If it Quacks Like a Duck...Ontario's Newest Views on Self-Insured Retentions and Deductibles

Self-insured retentions ("SIRs") and deductibles are often confused with one another. In a recent decision, Henry v. Thyssenkrupp Elevator (Canada) Limited, the Ontario Superior Court of Justice found that an SIR is similar and functionally related to a deductible. Although the policy in question was subject to an SIR, the Court treated it like a deductible. This case may prove helpful to Canadian policyholders seeking additional insured coverage.

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Additional Insured Coverage Dispute: Vivify v. Nautilus

Additional insured coverage for bodily injury to a downstream party's employees is one of the foremost considerations in any traditional risk transfer scheme. Upstream and downstream parties alike generally intend for the downstream party's insurance to respond to these claims--before the upstream party's insurance and in lieu of a contractual indemnity claim.

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Whose Contract Is It Anyway: Gilbane Decision Requires Contractual Privity

As previously addressed in "Whose Contract Is It Anyway: Addressing the Contractual Privity Problem," additional insured coverage under Insurance Services Office, Inc. (ISO), standard blanket additional insured endorsements is often conditioned, in part, on the existence of a written contract requiring additional insured coverage.

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CA Supreme Court Protects California Policyholders for Intentional Acts of Employees

In a major win for policyholders, the California Supreme Court recently held that a negligent hiring, supervision, or retention claim arising out of an employee's intentional misconduct constitutes an "occurrence," giving rise to coverage under a general liability policy.

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TX Supreme Court Clarifies: Breach of Contract Not Required to Prevail on Statutory Bad Faith Claim

The Supreme Court of Texas recently clarified that under certain circumstances, an insured can recover policy benefits as damages for bad faith even absent a finding that the insurer was in breach of contract. In USAA Texas Lloyds Company v. Menchaca, the court explored decades' worth of Texas precedent and distilled it into five simple rules that govern claims of this nature.

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Surviving a Tornado - How to Navigate Insurance Claims in the Wake of the Recent Connecticut Storm

Five minutes after I parked my car, a tree fell on it. On Tuesday, May 15th I pulled into my driveway, in my small Connecticut neighborhood, under a grey sky. As soon as I walked in the house, the lights flickered. And then suddenly there was a loud "Crack!" and "Crash!" and the sound of breaking glass. I looked out the window and trees were bent 90 degrees, then snapping, and then flying up instead of falling down.

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Wrap-Up Exclusion Blocks Additional Insured Claim in New York

It has become quite common for large-scale construction projects to be insured under consolidated insurance ("wrap-up") programs, where the owner, general contractor, and a majority of subcontractors are covered under the same primary and excess liability policies. However, when a wrap-up is acquired, not all parties involved in the construction project are enrolled.

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Resistance is Futile: Insurers' Broad Duty to Defend in California

On January 17th, 2018, the PHP Ins. decision from the Ninth Circuit Court of Appeals solidified the broad duty to defend for insurers in California. The court used the long-established precedent that remote facts buried within the causes of action that may potentially give rise to coverage are sufficient to invoke the duty to defend and upheld the trial court's decision that the insurer's duty to defend was triggered.

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Court Narrowly Interprets "Faulty Workmanship" Provision

In a recent victory in their home state of Connecticut, Saxe Doernberger & Vita partners, Jeffrey Vita and Theresa Guertin, representing owner-developer 777 Main Street, LLC, overcame a summary judgment motion filed by Liberty Mutual Fire Insurance Company. The Connecticut Superior court refused to adopt the insurer's broad interpretation of the "faulty workmanship" exclusion in an all-risk builders' risk insurance policy.

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CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit

The California Supreme Court recently heard oral arguments over whether an insurer is required to cover allegations that a builder negligently failed to supervise an employee who sexually assaulted a middle school student while working at the student's school.

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