SDV Insights

Texas Supreme Court to Determine Scope of Statutory Bad Faith (Hurricane Ike)

Over the past decade, a barrage of severe storms in Texas resulted in significant property damage, giving rise to thousands of lawsuits by policyholders for breach of contract and bad faith claims against their insurers. Now, the Texas Supreme Court is poised to determine the scope of the state's bad faith statute.

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New Jersey Jumps On Board: EPA PRP Letters are a "Suit" Under a CGL Policy

Good news for policyholders in New Jersey. A New Jersey Superior Court judge has joined the majority of states in finding that Environmental Protection Agency "potentially responsible party" letters constitute a suit under a commercial general liability policy.

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Connecticut Additional Insured Privity Issue - Update

Following up last week's blog post: on Monday, August 29th the United States Court of Appeals for the Second Circuit issued a summary order affirming the decision in First Mercury Ins. Co. v. Shawmut Woodworking & Supply, Inc., No. 3:12-cv-01096 (D. Conn. Sept. 23, 2014)

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Connecticut May Tackle Additional Insured Privity Issue

There is a split among states as to how to interpret the "contractual privity" language in endorsements. Connecticut has not yet addressed the issue.

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Risk Management and Indemnity Considerations

SDV's Gregory Podolak and Brian Rice of RailWorks co-authored a new article for Under Construction: The Newsletter of the ABA Forum on Construction Law...

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Goodbye Weedo, Hello Cypress

As noted in our previous blog post, the NJ Supreme Court issued a pivotal ruling in the case of Cypress v. Adria.

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Driverless Cars Will Fuel Surge in Product Liability Coverage

The rise of autonomous vehicles are creating quite a stir in today's insurance environment. Law360.com interviewed SDV's Brendan Holt, who regularly advises clients on risk transfer involving emerging technologies, including autonomous and unmanned vehicles, to get his take on the subject...

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NJ Justices Rescue Builders From Limbo In Faulty Work Case

As we announced in our previous blog post, yesterday's decision by the NJ Supreme Court was a significant win for policyholders.

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Breaking News: NJ Supreme Court Rules that CGL Insurance Covers Property Damage Caused by Faulty Workmanship

In a unanimous decision issued earlier this morning, the New Jersey Supreme Court held that consequential damages caused by a subcontractor's faulty workmanship constitute "property damage" caused by an "occurrence" under the plain language of the CGL Policy.

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Texas Case Shows Why Contractors Should Require Insurance Coverage from their Suppliers

A recent Supreme Court of Texas case highlights the need for contractors to require contractual indemnity when engaging suppliers.

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