SDV Insights

"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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McDonald's Scores COVID-19 Victory Against GL Insurer - Policyholders are "Lovin' It"

In a significant victory for policyholders, the Northern District of Illinois has found a duty to defend under a commercial general liability ("CGL") policy for damages related to COVID-19. In reaching this decision, the court made several significant findings regarding the scope and interpretation of "damages," "because of," and "bodily injury" in the context of general liability coverage.

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A Guide to Homeowners' Insurance for California Wildfire Losses

After suffering historically destructive fires in 2018, California endured five of the six largest fires in state history in 2020. Nearly 10,000 fires burned over 4.2 million acres--making 2020 the most significant California wildfire season on record

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New York Considering Legislation That Would Create Statute of Repose For Construction

Under current New York law, contractors and design professionals have exposure to bodily injury and property damage claims resulting from construction defects for a potentially unlimited number of years after completion of a project. New York is considering legislation, which, if enacted, would create a statute of repose limiting the number of years after completion of construction that legal action may be asserted against a contractor.

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Event Cancellation Dispute "Scheduled" for Federal Court Ruling

Emerald Holding Inc. ("Emerald"), a leading operator of business-to-business trade show events across the United States, has suffered millions of dollars in losses from canceled or postponed in-person events in order to comply with health and safety government mandates due to the Coronavirus pandemic.

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Additional Insureds Beware: State Farm Policies Don't Satisfy Your Contractual Requirements

State Farm's additional insured endorsements all contain unique limiting language that likely operates as a labor law exclusion. On the excess layer, State Farm cannot provide primary and non-contributory endorsements or a waiver of subrogation. As a result, State Farm insured subcontractors are probably in breach of their contractual insurance requirements.

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Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program

The risk of bodily injury lawsuits is an unavoidable reality for property owners and facilities managers ("FMs") of large commercial sites such as universities, malls, office buildings, or stadiums. Any person who steps foot on the property is a potential plaintiff, including students, tenants, customers, contractors, and vendors.

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Class Actions Resulting From Covid Claims and Bad Faith, published by Property Casualty 360

In the year following the global outbreak of COVID-19, thousands of businesses have experienced unprecedented financial hardship. It is no surprise that surviving businesses are looking to their insurance policies to recover lost business income incurred as a result of the pandemic.

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