SDV Insights

Construction Insights

Top 10 Insurance Cases of 2017

From elephant mistreatment, misleading marketing and its effect on the nation's opioid problem, to wiring money overseas to fraudsters, it's been an eventful year in insurance law. Read on to hear about SDV's Top Ten Insurance Cases for 2017 as well as some key cases to watch in 2018.

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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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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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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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PA High Court: Proof of Insurer's Ill Will is Not Required for Bad Faith Claim

On September 28, the Pennsylvania Supreme Court rendered an opinion adopting a two-part test for proving a claim under Pennsylvania's bad faith statute. To prevail on a statutory bad faith claim, "the plaintiff must present clear and convincing evidence (1) that the insurer did not have a reasonable basis for denying benefits under the policy and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis."

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The Connecticut Appellate Court Finds Single Auto Policy Limit Applies to Two Claims

The Connecticut Appellate Court recently held that a single "per-person" auto policy limit of insurance applied to a spouse's loss of consortium claim because it was not truly independent from the related bodily injury claim.

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South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an "Occurrence"

If you have a commercial general liability policy that is subject to South Dakota law, damages resulting from faulty workmanship constitute an “occurrence” un ...

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