SDV Insights

Collateral Damage: How to Avoid the Pitfalls of Collateral Agreements

Although collateral agreements provide security for insurers on policies with large deductibles, they can create hardships for insureds that are out of proportion with the insurers' security concerns.

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Courts Rule on Additional Insured Endorsements and Vicarious Liability

Since the advent of the modern Insurance Services Office, Inc. (ISO), standard additional insured (AI) endorsement in the early 2000s, many insurance companies have advocated for an exceedingly narrow application, arguing that coverage is available only for the AI's vicarious liability for the named insured's acts or omissions.

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California Expands on Scope of Coverage for Soft Cost Claims

The California federal district court case of KB Home v. Illinois Union Insurance Co., No. 8:20-cv-00278-JLS-JDE, (C.D. Cal. August 23, 2022), provides much needed guidance for cases involving builder's risk insurance claims for soft cost coverage.

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An Introduction to Workers' Compensation Insurance for Construction Companies and Contractors

Workers' compensation insurance is one of the most important coverages for construction companies and contractors. A workers' compensation policy typically provides insurance for accidents on-site or in the workplace, and other injuries sustained while working. This coverage includes medical expenses, lost wages, worker death, and related costs.

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A Narrow Property Policy Interpretation Finds No Coverage for Encrypted Software as a Result of a Ransomware Attack

The Supreme Court of Ohio recently ruled that a ransomware attack on a medical billing company failed to cause direct physical damage to the company's computer software as required under its business owners policy. Prior to this ruling, a ransomware attack on a business computer system and resultant claim under an all-risk commercial property insurance policy had not been addressed in Ohio.

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Top 10 Insurance Cases of 2022

Federal and state courts tackled a myriad of interesting insurance-related issues this past year. See our top 10 most influential coverage decisions of 2022 and look ahead to a few cases to keep an eye on as 2023 unfolds.

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Trends and Issues which Can Affect Workers' Compensation Coverage for Construction Companies

Recent trends in workers' compensation coverage suggest that the number of claims are likely to continue to increase, specifically for high-risk industries, like the construction industry. This article explores multiple trends and issues which are likely to impact workers' compensation insurance for construction companies.

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When Are General Conditions and General Requirements Covered by Builder's Risk

General conditions and general requirements are terms of art in the construction industry that describe the indirect costs necessary to complete a construction project. After physical loss or damage to a project, the following question often arises: Are "general conditions" and "general requirements" covered under a builder's risk policy?

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Even Sophisticated Policyholders Can Miss a Simple Claims Notice Requirement

Following the basic notice requirements to provide timely and adequate notice of a claim contained in all insurance policies seems elemental to triggering an insurer's duty to defend a policyholder. However, even sophisticated insureds can sometimes miss the simple notice provisions in their policies

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Whose Burden is It Anyway: All Risk vs. Covered Peril Policies

First-party insurance coverage is typically structured on the basis of one of two types of insuring agreements: "All Risks" and "Covered Peril." While the difference may seem innocuous, the ramifications of having one versus the other can be monumentally important in a disputed claim scenario. For the reasons discussed in this article, we recommend that, in almost every situation, the insured should aim to secure an "all risks" policy form.

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