SDV Insights

Identifying and Accessing Coverage in Complex Construction Claims

First-party, third-party, builder's risk, professional liability, general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss.

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Status Update - Unpaid Wage Law, New York Senate Bill S2766C

New York has enacted an unpaid wage law that imposes liability upon upstream contractors. Senate Bill S2766C is intended to provide recourse to construction workers whose employers fail to pay wages owed for completed work.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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