SDV Insights

Something Stinks - But It Isn't This Alabama District Court Ruling

As our State by State Survey on CGL Pollution Exclusions shows, the definition of the word "pollutant" can be ambiguous in the insurance context. Recently, an Alabama federal judge held that sewage was not a pollutant for purposes of the pollution exclusion in a CGL policy.

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Florida Supreme Court: Insurer Bad Faith Not Needed for Attorney's Fees

SDV Southeast Managing Partner Gregory Podolak has another new article out this week, this one for Insurance Matters, the newsletter of the Florida Bar's Insurance and Surety Committee:

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Excess-Only "Other Insurance" Clauses in California

SDV Partner Gregory Podolak recently published another Expert Commentary article for IRMI - Excess-Only "Other Insurance" Clauses in California.

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New Case Alert: Florida Supreme Court Denies Review of Appeals Court's "Ensuing Loss" Interpretation

The Florida Supreme Court recently denied review of an appellate decision interpreting a policy's "ensuing loss" exception to require a separate loss, entirely independent from the original excluded loss.

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Florida Court Holds that OCIP Exclusion Applies Equally to Named Insured and Additional Insured

The U.S. District Court for the Middle District of Florida, Orlando Division, recently held that an insurer had no duty to defend an additional insured due to an owner controlled insurance program ("OCIP") policy exclusion, despite the fact that the additional insured was not enrolled in the wrap program and did not perform any operations at the project.

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New York Clarifies Continuous Trigger Coverage Where Not All Years Are Covered by Policies

The New York Appellate Division recently ruled that insurers who are "on the risk" in extended environmental claims do not have to contribute to years when there was no coverage available in the marketplace for the insured to purchase.

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Cyber Insurance Tax Break

In an effort to encourage businesses to mitigate the risk of a data breach, House Republican Ed Perlmutter has introduced a bill offering a tax credit to businesses that purchase qualifying cyber insurance policies

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One-Stop Shop Cyberinsurance Opens Doors For Small Companies

If you are a small company worried about keeping your client data safe, there are now a number of options to help. SDV's Gregory Podolak was recently interviewed by LAW360.com on his thoughts.

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Georgia Federal Court Rules Commercial Crime Policy Covers Fraudulent Wire Transfer

With cyber fraud becoming more prevalent in today's business world, policyholders should be aware of some of the points raised by commercial crime insurers to deny coverage.

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5 Insurance Rulings You May Have Missed This Summer

In this morning's insurance edition of Law360.com, SDV partner Gregory Podolak was interviewed on a case (First Mercury Insurance Co. v. Shawmut Woodworking and Supply) that we had previously blogged about.

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