SDV Insights

Deleted Emails Cost Company $3M in Sanctions

What happens when a senior vice president ignores a litigation hold and deletes tens of thousands of emails? A $3 million sanction.

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Florida's Supreme Court Resolves Conflicting Appellate Court Decisions on Concurrent Causation

What happens when a policyholder suffers a loss caused by multiple perils, but not all perils are covered? On one hand, Florida's Second District Court of Appeals has ruled that there should be no coverage under the efficient proximate cause doctrine. On the other hand, Florida's Third District Court of Appeals has held that pursuant to the concurrent clause doctrine, there should be coverage.

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Louisiana District Court Declines to Apply Total Pollution Exclusion

The United States District Court for the Eastern District of Louisiana recently decided that a broad total pollution exclusion in a marine general liability policy did not bar coverage.

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Yours, Mine, and Ours: Florida Court Holds Wrap Exclusion Applies Equally to Named and Additional Insured

Gregory Podolak (SDV Southeast Managing Partner) has a new article in Insurance Matters, the newsletter of the Florida Bar’s Insurance and Surety Committee:

In toda ...

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Fla.Policyholders Gain Slight Edge In Property Damage Cases

In breaking news yesterday, LAW360.com posted "the Florida Supreme Court ruled that policyholders may obtain coverage for an entire property insurance claim where there are multiple concurrent causes of loss and at least one is covered under a policy.

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Manufacturing Law Webinar

On December 15, from 11:00 am-2:15 pm EST, SDV Partner Gregory Podolak will be on the faculty of an NBI webinar on "Manufacturing Law".

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Faulty Workmanship an Occurrence in Iowa - as Long as Other Property Damage is Involved

The Eighth Circuit recently weighed in on one of the more contentious issues in insurance coverage litigation: is faulty workmanship an occurrence?

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California Federal Court Allows Policy Stacking to Cover Continuous Injury

"Stacking" is a practice that is very favorable for policyholders, especially in environmental coverage cases involving extended pollution events.

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Oregon Supreme Court Prohibits Insurer's Attempt to Relitigate Insured's Liability

In a big win for policyholders, the Oregon Supreme Court recently ruled that that insurance companies are not allowed to relitigate the nature of damages awarded against their insureds during an underlying trial.

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Massachusetts District Court Narrowly Interprets Cosby's Abuse Exclusion

The Massachusetts District Court found that Bill Cosby's homeowner's liability policy covered the costs of defense for defamation claims related to allegations of sexual assault, even though the policy included a broad sexual abuse exclusion.

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