SDV Insights

Ontario Court of Appeal Clarifies the Meaning of "Living in the Same Household" for Purposes of Coverage Under a Homeowners Policy

As all insurance coverage attorneys know, how courts interpret certain words and phrases in insurance policies is significant since one word can make the difference between a claim being covered ...

Read More +

The Notice-Prejudice Rule Lives on in California

The California Court of Appeals recently confirmed California's support for the notice-prejudice rule. The notice-prejudice rule requires insurers that deny coverage based on a failure to provide notice under the policy to show that they have been prejudiced by the untimely or insufficient notice.

Read More +

Ohio State Court Provides a Bit of Clarification on Virtual Currency Coverage

An Ohio court finds that Bitcoin constitutes covered "property," rather than "money," under a homeowners' insurance policy, thereby rendering the policy's restrictive monetary sublimit inapplicable to the policyholder's $16,000 claim for stolen Bitcoin.

Read More +

Massachusetts Court Expansively Interprets Coverage for "Advertising Injury"

In Holyoke Mut. Ins. Co. in Salem v. Vibram USA, Inc., decided in September 2018, the Massachusetts Supreme Judicial Court held that an unusual advertising injury triggered a duty to defend. The advertising idea was the use of a celebrity name with no intrinsic connection to any of the products being sold.

Read More +

Second Circuit Relies on Capstone's Subjectivity Standard in Upholding Coverage for Priest Sexual Abuse Settlement

In Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Casualty Co., Docket No. 16-2999-cv, 17-2484-cv (2d Cir. 2018), the United States Court of Appeals for the Second Circuit affirmed the trial court's decision that the assault and battery exclusion in an excess liability policy did not exclude coverage for claims made against the Archdiocese for sexual abuse, and that such claims qualified as an "occurrence" under the policy.

Read More +

Top 10 Insurance Cases of 2018

2018 was a year of landmark decisions regarding insurance coverage for a variety of emerging claims, including cyber fraud, the "me too" movement, and wildfires. Read on to learn more as well as to find out what cases you should keep your eye on as 2019 unfolds.

Read More +

Insurer's Knowing Violation of Texas Insurance Code May Entitle Insured to Treble Damages

The Fifth Circuit's recent opinion in Lyda Swinerton Builders, Inc. v. Oklahoma Sur. Co. includes policyholder-friendly holdings on Texas law concerning the duty to defend and the potential to recover treble damages for an insurer's knowing violation of Texas Insurance Code. In this case, the Fifth Circuit did justice to the broad scope of the duty to defend, making inferences from the complaint and the policy to find a potential of coverage.

Read More +

Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion

In a suit filed by an owner against a general contractor for alleged construction defects at a new sports complex, the general contractor's commercial general liability insurer failed to defend its insured. The Western District of Texas ruled in the general contractor's favor and found that the insurer had a duty to defend, despite a breach of contract exclusion in the general contractor's GL policy.

Read More +

A Guide to Homeowners' Insurance for California Wildfire Losses

In 2017 and 2018 alone, California experienced the two largest and the first and fourth deadliest fires in its history. Sadly, a University of California report predicts that the frequency and potency of these fires will only continue to increase in the coming years and decades, increasing the importance of knowing about insurance.

Read More +

Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured

Utilizing an owner-controlled or contractor-controlled insurance program (collectively known as "wrap-ups") can reduce claims, save costs, and give owners and general contractors comfort in knowing their project is adequately insured. However, problems often arise when a subcontractor doesn't enroll in the wrap-up and, instead, agrees to provide additional insured coverage to the owner and general contractor on the subcontractor's own general liability policy.

Read More +

CONTACT US


The email you are sending does not create an attorney-client relationship with SDV. We do not agree to representation until we have performed a check for conflicts of interest and expressly agree to provide services in a particular matter via an engagement letter. The information submitted to us via this website will NOT be treated as confidential or privileged as a lawyer/client communication and our receipt of this information does not prevent us from representing a client related to the subject of your inquiry.

Northeast

35 Nutmeg Drive
Trumbull, CT 06611

203.287.2100

233 Mount Airy Road
Basking Ridge, NJ 07920

973.446.7300

Southeast

999 Vanderbilt Beach Road, Ste 603
Naples, FL 34108

239.316.7244

West Coast

One BetterWorld Circle
Temecula, CA 92590

951.365.3145

SDV is headquartered in Connecticut, with regional offices in New Jersey, Florida, and California to better serve our clients. We are ready to answer your questions and are eager to assist you in developing solutions.