SDV Insights

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.

Read More +

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.

Read More +

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

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

New York Appellate Division: Second Department Contradicts First Department, Denying Insurer's Recoupment of Defense Costs for Uncovered Claims

New York law has historically allowed insurers to recoup defense costs paid on behalf of an insured if there is ultimately no coverage for the underlying action, provided that the insurer reserved its rights to seek reimbursement.

Read More +

New Jersey Supreme Court Upholds $400 Million Award for Superstorm Sandy Damages

In New Jersey Transit Corp. v. Certain Underwriters at Lloyd's London, New Jersey's highest court upheld an appellate decision finding that New Jersey Transit Corporation ("NJT") was entitled to full coverage under its property insurance policy for damages caused by Superstorm Sandy.

Read More +

CONTACT US


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.

Northeast

35 Nutmeg Drive
Trumbull, CT 06611

203.287.2100

233 Mount Airy Road
Basking Ridge, NJ 07920

973.446.7300

Southeast

999 Vanderbilt Beach Road, Ste 603
Naples, FL 34108

239.316.7244

West Coast

One BetterWorld Circle
Temecula, CA 92590

951.365.3145

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.