SDV Insights

Massachusetts High Court: Attorney's Fee Award Under Consumer Protection Act Not Covered by General Liability Insurance Policy

In the case of Vermont Mutual Insurance Co. v. Poirier, 189 N.E.3d 306 (Mass. 2022), Massachusetts' Supreme Judicial Court concluded that an award of attorney's fees pursuant to Chapter 93A (Massachusetts' Consumer Protection Act) is not covered under an insured's general liability insurance policy.

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Colorado Defective Construction is Not Considered "Property Damage"

In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered "property damage" under Colorado law, requiring payment by a commercial general liability policy.

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ZOOM Alleges Insurers Relied on Unstable Connection To Support Denial

Zoom Video Communications, Inc. recently filed suit against four of its insurers alleging that it is owed their policy limits due to paying over $90 million in litigation costs stemming from several underlying lawsuits -- a government investigation and subsequent lawsuit and several other private lawsuits.

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9 Basic Strategies for Pursuing Coverage for Construction Accident Claims

Construction accidents happen all the time. Accidents involving worker injuries or damage to property can shut down a job site and cause significant losses. Contractors should be diligent and aggressive in examining all of the available options for recovery under their different insurance policies and bonds. This article will provide a refresher on some basic tips to help policyholders improve claims practices with respect to construction accidents.

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What is Contractor Professional Liability Coverage?

Contractor professional liability coverage insures against liability that derives from the technical aspects of a construction project - including architectural, engineering, and survey work. It is especially valuable in circumstances where the contractor has design responsibility as part of its project scope, such as in the case of "design build" projects or where "design assist" work is undertaken.

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Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion

The Fifth Circuit Court of Appeals provided valuable insight on coverage available through ensuing loss exceptions to faulty work and design exclusions in builder's risk insurance policies. In Balfour Beatty, the Court held that, in order to the ensuing loss must be causally distinct from the original excluded loss.

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Insurance Coverage for Intentional Damages: Did Amber Heard Intend to Defame Johnny Depp?

The Depp v. Heard trial featured salacious and surprising testimony that riveted the country, but arguably the most surprising aspect of the case was that Ms. Heard's homeowners policy insurer, Travelers Commercial Insurance ("Travelers"), paid for her defense against Mr. Depp's claims.

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Five Actions Construction and Energy Risk Managers Can Take to Avoid the Catastrophic Consequences of a Cyber Attack

With the ever-increasing usage of technology in the construction and energy industries, risks to business operations have also increased. Property developers and construction contractors rely on electronic data and communications more than ever to streamline projects, ensure efficient and timely supply chain delivery, and facilitate immediate communications between parties.

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Statute of Limitations and Bad Faith Claims: Factors to Consider

How much time do our clients have to bring a bad faith action against an insurer? Although we are not frequently asked this question, it is one that we constantly analyze before asserting a bad faith claim.

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Legal Malpractice: Have You Advised Your Clients of Their Potential for Insurance Coverage?

Hollywood producer turned convicted felon Harvey Weinstein has brought a legal malpractice suit against his counsel, claiming they failed to inform him that the dismissal of a charge in his 2020 trial would result in the forfeiture of insurance coverage. The suit alleges that Abelson Herron Halpern LLP ("AHH") was contractually required to provide Weinstein "with legal counsel regarding certain insurance coverage in connection with a criminal proceeding ...."

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