SDV Insights

In Allen v. Unum, the disability insurer's argument for preemption of Dr. Allen's state law breach of contract claims revolved around an unfounded allegation that just because he and other physicians in his practice purchased individual policies from Unum affiliate Provident Life and Casualty Insurance Company that were charged on the same bill but paid separately and personally, an ERISA plan existed.

On December 31, 2021, New York enacted the Comprehensive Insurance Disclosure Act ("CIDA"), requiring defendants to provide plaintiffs with "complete" information for any insurance policy through which a judgment could be satisfied, within sixty (60) days after serving an answer.

Courts across the nation have struggled to determine whether insurance policies that provide coverage for "direct physical loss or damage" insure losses stemming from COVID-19.

The recent Nevada Supreme Court ruling in Zurich American Insurance Company v. Ironshore Specialty Insurance Company benefits insureds seeking to establish an insurer's duty to defend. As a matter of first impression, the court held that insureds can use extrinsic evidence to establish an insurer's duty to defend, but insurers cannot use extrinsic evidence to deny that duty.

Nearly half of America's construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability ("PL") risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims.

The experience of applying for disability insurance coverage carries with it novel information. Depending on your profession, policy features and coverage costs could raise questions.

The Delaware Supreme Court narrowed an insurer's duty to defend in Ace America Insurance Co. et. al. v. Rite Aid Corp. et. al. In Ace, the high court majority reversed the trial court, holding that Chubb Ltd. ("Chubb") had no duty to defend Rite Aid Corp. ("Rite Aid") in suits brought against it by two Ohio Counties seeking damages for costs arising out of the company's distribution of opioids.

A new bill (SB 2022-736) was recently introduced to the Florida Senate. The proposed amendments to the statutes of limitations and repose could significantly impact construction defect claims by effectively creating additional exposure to contractors and insurance carriers. The proposed bill requires all actions founded on the design, planning, or construction of an improvement to real property to be commenced within four years after the time to commence an action begins.

Florida's Senate Bill 76 went into effect July 1, 2021. It dramatically shifted how certain claimants recover attorney's fees in both commercial and residential property insurance cases, while simultaneously including specific notice requirements as a prerequisite to filing suit. The new sliding scale of determining fees and 10-day notice requirements as a prerequisite to filing suit against an insurer may have created more hurdles to just and equitable recovery for policyholders.

Builder's risk insurance is specialized first-party property insurance that protects a project during construction or renovation. It is designed to react to losses that occur during the course of construction, with the goal of getting the project back up and running after a loss. This type of insurance is recommended for anyone with a financial interest in a property that is being built or renovated.