SDV Insights

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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Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

Following significant backlash in reaction to the Nevada legislature's new law prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.

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Federal Judge Ordered that D&O Liability Insurer is Liable for $4.5 Million for Arbitration Defense Costs

The Southern District of New York recently ordered a directors and officers ("D&O") liability insurer to pay up to $4.5 million to reimburse an insured investment firm for the costs the firm incurred defending an arbitration proceeding brought by a former executive.

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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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