SDV Insights

New York High Court: "Issued or Delivered" Includes Policies Insuring Risks in New York

On November 20th, the New York Court of Appeals expansively interpreted the language of New York Insurance Law Section 3420 by holding that the statute, which applies to policies "issued or delivered" in New York, extends to policies insuring risks in New York, not just policies that originated from or were actually handed over to the insured in the state.

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Unshared Risk in the Sharing Economy: Insurance Coverage Pitfalls

You arrive home after Airbnb-ing your home to find that the back deck is gone--during a particularly rowdy party hosted by your Airbnb guests, a smoldering cigarette negligently left on the railing started a fire, which on that hot, dry, summer night, quickly engulfed the deck. But the fire didn't stop at the deck; the entire back wall of the house, covered in weathered shingle siding, was singed and blackened to a crisp.

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N.J. Appellate Court Applies Continuous Trigger Theory in Property Damage Case and Determines "Last Pull" for Coverage

The New Jersey Superior Court, Appellate Division, published an important decision addressing several fundamental issues regarding how a commercial general liability (CGL) policy applies to long-term property damage.

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Privity Problems Continue for Additional Insureds in the Second Circuit

On October 4, the Second Circuit held that a sub-subcontractor’s insurer had no duty to defend or indemnify an owner and general contractor after a construction a ...

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Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy Claim

Recently, a New Jersey Magistrate ruled that an insurer did not have to provide coverage for a chocolatier's property damage and business interruption losses due to Hurricane Sandy.

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New Jersey Supreme Court Hears Arguments on Coverage Gap Dispute

On Tuesday, October 24, the New Jersey Supreme Court heard arguments in a 17-year-old battle between Honeywell International Inc. (Honeywell) and two excess insurers, St. Paul Fire and Marine Insurance Co. (St. Paul) and parent Travelers Casualty and Surety Co. (Travelers) over whether Honeywell will have to help cover the costs of asbestos-related injury suits that were filed against it after insurers began to universally exclude coverage for asbestos-related liabilities in 1987.

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Overbroad Wrap Exclusion Can Hamper Additional Insured Risk Transfer

SDV Partner Gregory Podolak recently published "Overbroad Wrap Exclusion Can Hamper Additional Insured Risk Transfer," another Expert Commentary article for IRMI.

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California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions

A California Court of Appeal recently released a policyholder-friendly decision clarifying the meaning of the often-arising Faulty Workmanship exclusions — j.(5) ...

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No General Liability Coverage for an Obstacle Course Race Injury

With the rise in popularity of obstacle course racing, millions have participated in races like Spartan Race, Rugged Maniac, Tough Mudder and Warrior Dash in the last ten years.

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Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

In early September, California, again, proved itself to be a pro-policyholder state, in a recent court of appeal decision. The court of appeal stated that manuscript additional insured endorsement language which provided coverage, "but only with respect to liability arising out of 'your work' and only as respects ongoing operations..." and "but only with respect to liability arising out of 'your work' which is ongoing...", did not unambiguously foreclose coverage for completed operations.

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