SDV Insights

Construction Insights

A General Contractor's Guide to Additional Insured Coverage recently surveyed attorneys to offer tips for what general contractors should - and shouldn't - do when pursuing additional insured coverage. According to the article, "With the broad array of risks present on a typical construction site, one of a general contractor's top options to shield itself from liability for property damage and bodily injury claims is to secure expansive "additional insured" coverage through its subcontractors."

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Florida's New Statute of Repose for Construction Defect Claims

On June 15, 2017, Governor Rick Scott ratified H.B. 377, which amends Florida's statute of repose for construction defect claims to include, for the first time, a definition for contract completion.

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Connecticut District Court to Review Proposed Class Action in Defective Concrete Suit

Thousands of Connecticut homeowners have fallen victim to a defective concrete epidemic. Over the last thirty years, the foundation in many homes, particularly in the Northeast region of the state, was built with a concrete aggregate that contained the mineral pyrrhotite.

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Additional Insured Coverage Under Excess Policies

SDV Partner Gregory Podolak recently published “Additional Insured Coverage Under Excess Policies,” anot ...

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Massachusetts High Court Holds insurers Have No Duty to Prosecute Counterclaims on Behalf of Their Insureds

The Massachusetts Supreme Court has held that an insurer's duty to defend does not include a duty to prosecute or fund its insured's affirmative counterclaim against a third party under an employment practices liability insurance policy. The insured manufacturer in this case was sued for wrongful termination by a former employee whom the manufacturer accused of misappropriating company funds, and intended to pursue a counterclaim to recover the money.

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Insurer Appeals Dismissal of Subrogation Claim Against Freight Carrier

An insurer of a pharmaceutical company is appealing a New Jersey District Court's dismissal of its subrogation claim against a freight carrier that was transporting a $9 million pharmaceutical shipment when it was stolen.

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SDV Amicus Brief Contributes to Policyholder-Friendly Outcome

The Rhode Island Supreme Court recently relied on an SDV amicus brief to decide a case favorable to policyholders. In Amberleigh Hudson v. GEICO Insurance Agency, 2017 WL 2622777 (R.I. June 16, 2017), the Court held that an automobile passenger was still "occupying" the vehicle for purposes of uninsured motorist coverage after exiting the vehicle to help an accident victim.

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New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

In The Burlington Insurance Company v. NYC Transit Authority, et al., No. 2016-00096, the New York Court of Appeals issued a landmark decision with regard to the meaning of "caused, in whole or in part, by" in the additional insured context.

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California Governor Signs SB 496 Amending California's Anti-Indemnity Statute

The bill amends Cal. Civ. Code 2782.8 as it applies to indemnity agreements with design professionals. The pre-existing 2782.8 prohibited public agencies from requiring indemnity from design professionals for anything other than claims arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the design professional.

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AIA Releases New Insurance Exhibit

The American Institute of Architects ("AIA") released the latest revisions to its form construction contract documents at the AIA's National Conference on April 27-29, 2017.

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