SDV Insights

Rather Than Limit Decision to That Particular Part of Developer's Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)

The 10th Circuit Court of Appeals, applying Colorado law, recently extended Colorado's broad application of the phrase "arising out of" in an insurance interpretation, barring an insured real estate developer from receiving a defense to a suit alleging liability for construction of a defective retaining wall and associated resulting damage.

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iCan Not Narrowly Interpret Policy Exclusions

In Horn v. Liberty Ins. Underwriters, Inc., the Eleventh Circuit Court of Appeals addressed insurance coverage for claims arising out of the invasion of privacy relating to a TCPA claim. In the underlying litigation, individuals brought a class action lawsuit against iCan Benefit Group LLC (iCan), alleging that iCan violated the TCPA and invaded the plaintiffs' privacy by sending unsolicited text messages without the consent of the recipients.

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Breaking The Ice: A Policyholder's Guide to Insurance Coverage for Texas Winter Storm Uri Claims

The devastating extreme cold weather event in Texas on February 14-18, 2021, often referred to as Winter Storm Uri, caused significant damages to homes and businesses in the region. Temperatures during the winter storm were the coldest on record since 1883, with some areas reaching as low as negative 6 degrees.

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New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors

A bill that would amend the the wage and hour requirements of the New York Labor Law was recently passed by the New York State Legislature and is expected to be signed by Governor Cuomo. Bill Number S2766C (the "Bill") is intended to protect construction workers against wage theft.

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2021 Construction Law Update chapter by Theresa A. Guertin

Recently, Theresa A. Guertin published a chapter in the 2021 Construction Law Update. This chapter provides an overview of indemnification agreements, the critical lines of insurance coverage most commonly purchased by construction industry players (builder's risk, commercial general liability (CGL), excess/umbrella, automobile liability, and workers' compensation), and some significant issues associated with each line of coverage.

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Recent Events Highlight the Importance of Corporate Entities Assessing Their Cyber Risk

The high-profile cyberattack on Colonial Pipeline Company is a poignant reminder of the new and ever-evolving risks corporate policyholders face. In addition to the risk of loss or damage from conventional causes, such as physical damage to property and equipment, companies must also contemplate their exposure to losses involving electronic transactions and electronically stored information.

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Project-Specific Policies and Products-Completed Operations Hazard Extensions

ISO commercial general liability ("CGL") policies use the term "products-completed operations hazard" ("PCOH") to define a category of risk which is treated specially by certain exclusions within the policy and often subject to separate limits of insurance. In construction, we think about PCOH as being about coverage for completed work.

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"Multiple Claims" Provisions on Contractor's Professional Liability Policy Creates a Trap for Policyholders

In Berkley Assurance Company v. Hunt Construction Group, Inc., 465 F.Supp.3d 370 (S.D.N.Y., 2020), professional liability insurer Berkley sued its insured, Hunt, a construction management firm, seeking a declaration that it did not owe Hunt a duty to defend and indemnify against breach of contract claims. The United States District Court for the Southern District of New York granted Berkley's motion for summary judgment and denied Hunt's motion for partial summary judgment.

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SDV Contributes Updates to the Construction Law Handbook, 4th Edition, Chapter 17

David G. Jordan and Samantha M. Oliveira are regular contributors to the Construction Law Handbook, Chapter 17.

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D&O Practice Notes: Beware of Broad Contract Exclusions

Contract exclusions are common fixtures in directors and officers liability policies; however, they can be broadly interpreted to eliminate valuable coverage. The purpose of this Practice Note is to assist policyholders in identifying whether their policies contain a contract exclusion and providing them practical recommendations to assist in negotiating more favorable language in their policies.

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