SDV Insights

Construction Insights

Supreme Court of Canada Broadly Interprets Exception to Faulty Workmanship Exclusion

In a recent policyholder-friendly decision, the Supreme Court of Canada found coverage under an exception to the faulty workmanship exclusion in an all-risk policy. The decision provided the insureds with millions to cover the cost of replacing the faulty work.

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Excess-Only "Other Insurance" Clauses in California

SDV Partner Gregory Podolak recently published another Expert Commentary article for IRMI - Excess-Only "Other Insurance" Clauses in California.

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New Case Alert: Florida Supreme Court Denies Review of Appeals Court's "Ensuing Loss" Interpretation

The Florida Supreme Court recently denied review of an appellate decision interpreting a policy's "ensuing loss" exception to require a separate loss, entirely independent from the original excluded loss.

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Florida Court Holds that OCIP Exclusion Applies Equally to Named Insured and Additional Insured

The U.S. District Court for the Middle District of Florida, Orlando Division, recently held that an insurer had no duty to defend an additional insured due to an owner controlled insurance program ("OCIP") policy exclusion, despite the fact that the additional insured was not enrolled in the wrap program and did not perform any operations at the project.

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5 Insurance Rulings You May Have Missed This Summer

In this morning's insurance edition of, SDV partner Gregory Podolak was interviewed on a case (First Mercury Insurance Co. v. Shawmut Woodworking and Supply) that we had previously blogged about.

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Connecticut Additional Insured Privity Issue - Update

Following up last week's blog post: on Monday, August 29th the United States Court of Appeals for the Second Circuit issued a summary order affirming the decision in First Mercury Ins. Co. v. Shawmut Woodworking & Supply, Inc., No. 3:12-cv-01096 (D. Conn. Sept. 23, 2014)

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Connecticut May Tackle Additional Insured Privity Issue

There is a split among states as to how to interpret the "contractual privity" language in endorsements. Connecticut has not yet addressed the issue.

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Risk Management and Indemnity Considerations

SDV's Gregory Podolak and Brian Rice of RailWorks co-authored a new article for Under Construction: The Newsletter of the ABA Forum on Construction Law...

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Goodbye Weedo, Hello Cypress

As noted in our previous blog post, the NJ Supreme Court issued a pivotal ruling in the case of Cypress v. Adria.

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NJ Justices Rescue Builders From Limbo In Faulty Work Case

As we announced in our previous blog post, yesterday's decision by the NJ Supreme Court was a significant win for policyholders.

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