SDV Insights

Potential Coverage Issues Implicated by the Champlain Towers Collapse

In June 24, 2021, the Champlain Towers South in Surfside, Florida collapsed, killing nearly 100 individuals (the "Collapse"). As experts uncover more information regarding the cause of the Collapse, those individuals who have filed lawsuits as well as the potentially culpable defendants are looking to insurers for coverage of their bodily injury and property damage claims.

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Will Your Cyber Insurance Program Respond if Western Sanctions on Russia Lead to Cyber-Attacks in the West?

On February 24, 2022, Russia invaded Ukraine, escalating the conflict between the two countries to unprecedented levels. Much of the West quickly responded to Russia's aggression by levying some of the most severe sanctions in history on Russia's government, companies, and wealthy citizens, including Vladimir Putin.

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Florida Federal Court Rules Against Unum: ERISA Does Not Preempt Physician's Individually-Owned Disability Policies

In Allen v. Unum, the disability insurer's argument for preemption of Dr. Allen's state law breach of contract claims revolved around an unfounded allegation that just because he and other physicians in his practice purchased individual policies from Unum affiliate Provident Life and Casualty Insurance Company that were charged on the same bill but paid separately and personally, an ERISA plan existed.

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5 Questions about New York's Comprehensive Insurance Disclosure Act

On December 31, 2021, New York enacted the Comprehensive Insurance Disclosure Act ("CIDA"), requiring defendants to provide plaintiffs with "complete" information for any insurance policy through which a judgment could be satisfied, within sixty (60) days after serving an answer.

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Insurance Coverage for COVID-19? Two N.J. Courts Allow Litigation to Proceed

Courts across the nation have struggled to determine whether insurance policies that provide coverage for "direct physical loss or damage" insure losses stemming from COVID-19.

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Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend

The recent Nevada Supreme Court ruling in Zurich American Insurance Company v. Ironshore Specialty Insurance Company benefits insureds seeking to establish an insurer's duty to defend. As a matter of first impression, the court held that insureds can use extrinsic evidence to establish an insurer's duty to defend, but insurers cannot use extrinsic evidence to deny that duty.

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Dynamics of Managing Professional Liability Claims for Design Builders

Nearly half of America's construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability ("PL") risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims.

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Hiring a Disability Insurance Attorney Before Choosing Your Policy

The experience of applying for disability insurance coverage carries with it novel information. Depending on your profession, policy features and coverage costs could raise questions.

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Delaware Supreme Court Says Chubb Has No Duty to Defend in Rite Aid Opioid Suits

The Delaware Supreme Court narrowed an insurer's duty to defend in Ace America Insurance Co. et. al. v. Rite Aid Corp. et. al. In Ace, the high court majority reversed the trial court, holding that Chubb Ltd. ("Chubb") had no duty to defend Rite Aid Corp. ("Rite Aid") in suits brought against it by two Ohio Counties seeking damages for costs arising out of the company's distribution of opioids.

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Florida SB 2022-736: Construction Defect Claims

A new bill (SB 2022-736) was recently introduced to the Florida Senate. The proposed amendments to the statutes of limitations and repose could significantly impact construction defect claims by effectively creating additional exposure to contractors and insurance carriers. The proposed bill requires all actions founded on the design, planning, or construction of an improvement to real property to be commenced within four years after the time to commence an action begins.

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