SDV Insights

Insurance Broker Support & Training Insights

New Jersey Supreme Court Hears Arguments on Coverage Gap Dispute

On Tuesday, October 24, the New Jersey Supreme Court heard arguments in a 17-year-old battle between Honeywell International Inc. (Honeywell) and two excess insurers, St. Paul Fire and Marine Insurance Co. (St. Paul) and parent Travelers Casualty and Surety Co. (Travelers) over whether Honeywell will have to help cover the costs of asbestos-related injury suits that were filed against it after insurers began to universally exclude coverage for asbestos-related liabilities in 1987.

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No General Liability Coverage for an Obstacle Course Race Injury

With the rise in popularity of obstacle course racing, millions have participated in races like Spartan Race, Rugged Maniac, Tough Mudder and Warrior Dash in the last ten years.

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The Dog Ate My Exclusion! - Georgia Federal Court: No Reformation to Add Pollution Exclusion

While schoolchildren know that the classic "the dog ate my homework" excuse doesn't work, insurance companies are willing to try a variation of that excuse. Ace American Insurance Company (Ace), sold a property policy (the Policy) to Exide Technologies, Inc. (Exide). Exide sought coverage under the Policy for acid damage at its former battery factory. Ace denied coverage, citing to the pollution exclusion. The only problem? The Policy contained no pollution exclusion!

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Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses

The Second Circuit recently affirmed that an insured bears the burden of distinguishing between covered and uncovered damages in a claim against an insurance company.

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Captive Owners Face the Music in Long-Awaited Tax Court Decision

The United States Tax Court recently made it harder for business owners to form captive insurance companies for the sole purpose of obtaining tax benefits.

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Federal Court: Auto Liability Carrier Must Cover Suit Involving Independent Contractor Despite "Employee Exclusion"

Motor carriers, particularly those that engage independent contractors, should keep in mind that the issue of worker classification, and how those contractors are treated by the motor carrier, could have a profound impact on whether claims are covered under their automobile liability insurance programs.

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Minnesota District Court Bars Insurer from Retroactively Allocating Jury Award to Fit Sexual Abuse Exclusion

The District of Minnesota recently held that an excess insurer, who has the opportunity to participate in the defense of an underlying claim, is barred from speculating to the allocation of the jury award to make it fit within a policy exclusion.

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Affirmed: Nationwide Acted in Bad Faith by Failing to Settle Within Limits

The Eleventh Circuit recently affirmed that Nationwide acted in bad faith by refusing to settle a claim against its insured for the policy limits of $100,000, exposing the policyholder to a $5.83 million verdict.

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Pennsylvania Supreme Court Rules that Insurance Salesman had No Fiduciary Duty to Policyholders

On June 20, 2017, the Pennsylvania Supreme Court ruled that a life insurance salesman had no fiduciary duty to his customers where the customers retained decision-making authority regarding which policies to purchase.

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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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