SDV Insights

Power & Energy Insights

Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

In the case of NextSun Energy Littleton, LLC v. Acadia Ins. Co., the United States District Court of Massachusetts held that once direct physical damage from a covered peril causes a covered business interruption loss, any increase in the duration of such business interruption, due to the enforcement of an ordinance or law, extends the coverage period provided for lost income.

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In the Hot Seat: Connecticut takes on ExxonMobil Over Contributions to Climate Change

The State of Connecticut recently joined a growing list of state governments attempting to hold ExxonMobil ("Exxon") accountable for causing climate change, bringing the total number of such states to 21. Connecticut alleges that the oil & gas giant lied to the public for decades about climate science and its own contributions of harmful toxins to the environment.

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Power & Energy - Emerging Insurance Coverage Cases of Interest

The Power & Energy sector faces a multitude of risks that impact output and profitability, requiring sound risk management and robust insurance programs. As of recent, like most industries, there have been significant challenges facing the industry in light of COVID-19.

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Fuel Thieves Strike Again, and Again, and Again... 11th Circuit Concludes Each Fuel Theft Constituted a Separate "Occurrence"

In the case of Port Consolidated, Inc. v. Int'l Ins. Co. of Hannover, PLC, the Eleventh Circuit Court of Appeals recently held that an insurance claim involving repeated thefts of fuel from a singular scheme constituted multiple "occurrences" under the insurance policy at issue. Moreover, because none of the thefts exceeded the policy's per occurrence deductible, the Court found that the insurer properly denied coverage.

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Broad Interpretation of Professional Services Exclusion Bars Coverage for Pipeline Explosion Liability

Policyholders should be aware of professional services exclusions in their liability policies that may be broadly interpreted to exclude liability arising out of operations that, while traditionally not regarded as professional in nature, may include professional elements or duties. Furthermore, it should never be assumed that an umbrella or excess policy will provide follow-form coverage to a primary policy that does not contain a professional services exclusion.

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Refinery Power Outage Illuminates Importance of Service Interruption Coverage

In an action filed against Pacific Gas & Electric (PG&E) in the Eastern District of California last month, Valero Refining Co. alleges it sustained damages in excess of $75 million, including costs to restore operations and lost profits from decreased output, as a result of a power outage to its Benecia, California refinery. See Valero Refining Co. -- California v. Pacific Gas & Electric Co., 2:17-cv-01359-TLN-EFB (E.D.Cal. June 30, 2017).

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Texas Court Denies Exxon a La Carte Coverage

In April, the Court of Appeals of Texas held that a party seeking additional insured coverage under an umbrella general liability policy issued by Lexington Insurance Company cannot reap the benefits of being an additional insured, and simultaneously avoid the limitations of an arbitration clause contained in the policy.

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Is John Oliver Anti-Indemnity?

I love John Oliver. He’s smart, funny, and has an uncanny way of breaking down complicated issues into hilarious bite-sized jokes. But on Sunday night, while tackling North Dakota’s rel ...

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Will Builders Risk Get "LEGs"?

Tracy was interviewed for an article in the latest issue of Viewpoint (published by the AAIS) on LEG endorsements as a part of builders risk policies...

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