SDV Insights

In the 2019 edition of SDV's Top Ten Insurance Cases, we probe wiretapping claims under an armed security services policy, delicately sniff out E&O coverage for a company using cow manure to create electricity, scour the earth for coverage for crumbling foundation claims, and inspect D&O policies for government investigation coverage. In addition, we preview some important and exciting decisions due in 2020.

A recent Illinois Appellate Court’s decision in, Acuity Ins. Co. v. 950 West Huron Condominium Owners Association, 2019 IL App (1st) 180743 (2019), strengthens Illinois’ pre ...

In recent years, the foundations of approximately 35,000 homes in northeastern Connecticut have begun to deteriorate as a result of faulty concrete used to build homes during the 1980s and 1990s. Dozens of homeowners have been suing their insurers for denying coverage for claims based on the deteriorating foundations. Of those cases, three related lawsuits against Allstate Insurance Company were the first to make it to the federal appellate level.

The recent white paper on Repair Work Endorsements by Jeremiah Welch, drew a storm of responses. Most were appreciative and included follow up questions, but there were those that lamented along the lines of: "How can that be? We've been doing it this way for years...".

Many markets which provide insurance for construction projects include an endorsement providing coverage for "repair work" as part of their standard policy. "Repair work" endorsements are largely misunderstood by policyholders and the insurance broker community.

In a lawsuit arising out of a traffic accident, the Nevada Supreme Court departed from the majority view among jurisdictions that an insurer's liability is generally capped at its policy limits. In Century Surety Co. v. Andrew, the Court held that a commercial liability insurer could be liable for damages in excess of the policy limits for failing to defend its insured, even if the insurer acted in good faith.

2018 was a year of landmark decisions regarding insurance coverage for a variety of emerging claims, including cyber fraud, the "me too" movement, and wildfires. Read on to learn more as well as to find out what cases you should keep your eye on as 2019 unfolds.

The Fifth Circuit's recent opinion in Lyda Swinerton Builders, Inc. v. Oklahoma Sur. Co. includes policyholder-friendly holdings on Texas law concerning the duty to defend and the potential to recover treble damages for an insurer's knowing violation of Texas Insurance Code. In this case, the Fifth Circuit did justice to the broad scope of the duty to defend, making inferences from the complaint and the policy to find a potential of coverage.

In a suit filed by an owner against a general contractor for alleged construction defects at a new sports complex, the general contractor's commercial general liability insurer failed to defend its insured. The Western District of Texas ruled in the general contractor's favor and found that the insurer had a duty to defend, despite a breach of contract exclusion in the general contractor's GL policy.

Utilizing an owner-controlled or contractor-controlled insurance program (collectively known as "wrap-ups") can reduce claims, save costs, and give owners and general contractors comfort in knowing their project is adequately insured. However, problems often arise when a subcontractor doesn't enroll in the wrap-up and, instead, agrees to provide additional insured coverage to the owner and general contractor on the subcontractor's own general liability policy.