SDV Insights

Eleventh Circuit Confirms Late Notice Killed Coverage for Assault and Murder Claims under Georgia Law

Recently, in Mt. Hawley Ins. Co. v. East Perimeter Pointe Apts., the Eleventh Circuit Court of Appeals upheld the denial of liability coverage for negligent security claims involving an assault and murder at an apartment complex in Georgia, finding that the insured owner of the complex and its property management firm waited too long to notify their insurers of the incidents.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

"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.

Read More +

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.

Read More +


The email you are sending does not create an attorney-client relationship with SDV. We do not agree to representation until we have performed a check for conflicts of interest and expressly agree to provide services in a particular matter via an engagement letter. The information submitted to us via this website will NOT be treated as confidential or privileged as a lawyer/client communication and our receipt of this information does not prevent us from representing a client related to the subject of your inquiry.


35 Nutmeg Drive
Trumbull, CT 06611


233 Mount Airy Road
Basking Ridge, NJ 07920



999 Vanderbilt Beach Road, Ste 603
Naples, FL 34108


West Coast

One BetterWorld Circle
Temecula, CA 92590


SDV is headquartered in Connecticut, with regional offices in New Jersey, Florida, and California to better serve our clients. We are ready to answer your questions and are eager to assist you in developing solutions.