SDV Insights

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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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.

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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.

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Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

In the case of NextSun Energy Littleton, LLC v. Acadia Ins. Co., the United States District Court of Massachusetts held that once direct physical damage from a covered peril causes a covered business interruption loss, any increase in the duration of such business interruption, due to the enforcement of an ordinance or law, extends the coverage period provided for lost income.

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New York Labor Laws and Action Over Exclusions

Subcontractors sign contracts every day which require them to provide insurance for liabilities arising out of the performance of their work, but in New York in particular there is often a failure of risk transfer due to labor law or "Action Over" exclusions.

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Auto Accidents Drove Significant Bad Faith Decisions in 2020

Insurers have a duty to handle claims in good faith. Depending on the jurisdiction, an insurer's failure to settle, unreasonable denial of a claim, or improper claims handling can expose the insurer to damages above the policy limits. Automobile accidents were a driving force behind bad faith litigation last year, with four significant appellate-level decisions handed down nationwide.

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