SDV Insights

Bad Faith Insights

Texas Court Denies Exxon a La Carte Coverage

In April, the Court of Appeals of Texas held that a party seeking additional insured coverage under an umbrella general liability policy issued by Lexington Insurance Company cannot reap the benefits of being an additional insured, and simultaneously avoid the limitations of an arbitration clause contained in the policy.

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Manufacturing Law Webinar

On December 15, from 11:00 am-2:15 pm EST, SDV Partner Gregory Podolak will be on the faculty of an NBI webinar on "Manufacturing Law".

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Massachusetts District Court Narrowly Interprets Cosby's Abuse Exclusion

The Massachusetts District Court found that Bill Cosby's homeowner's liability policy covered the costs of defense for defamation claims related to allegations of sexual assault, even though the policy included a broad sexual abuse exclusion.

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Florida Supreme Court: Insurer Bad Faith Not Needed for Attorney's Fees

SDV Southeast Managing Partner Gregory Podolak has another new article out this week, this one for Insurance Matters, the newsletter of the Florida Bar's Insurance and Surety Committee:

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Driverless Cars Will Fuel Surge in Product Liability Coverage

The rise of autonomous vehicles are creating quite a stir in today's insurance environment. Law360.com interviewed SDV's Brendan Holt, who regularly advises clients on risk transfer involving emerging technologies, including autonomous and unmanned vehicles, to get his take on the subject...

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The FAA Draws its Regulatory Red Line in the...Air; Which Apparently Goes All the Way to the Sand

What happens when you add a remote controlled handgun and a flamethrower to a drone, and then post the results on YouTube? You get a lot of regulators very worried.

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To Brexit or Not to Brexit... What's In Store for the European Insurance Market?

On June 23, 2016, the UK will vote on whether to leave the EU. With the highly anticipated EU Referendum only one month away, there's been a lot of buzz about the effect that a "Brexit" will have on Europe's insurance industry - the world's largest insurance market.

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Eighth Circuit Upholds Award for Bad Faith Failure to Settle

What happens when an insurance company refuses to listen to its own experts and counsel? An aggressive lawsuit and an expensive bad faith award.

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SDV Opposes Rules Change that Would Negatively Affect Policyholders

The ancient document exception to the Federal Rules of Evidence hearsay rule is an important tool for policyholders to put the content of a lost policy into evidence. Long tail claims in occurrence based policies (such as asbestos claims) can be brought many years after the policy was procured. If the policy is subsequently lost, the ancient documents rule is often the only way that a policyholder can establish the content of their policy and receive coverage.

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New Jersey Adopts a "No Prejudice" Rule for Sophisticated Insureds Under "Claims Made" Policies

If you are a sophisticated business with a claims-made policy, there is a case you should be aware of.

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