SDV Blog

A New Hope – You Now May Have Coverage for Punitive Damages in ConnecticutFeb 08, 2018

On December 19, 2017, the Pasiak decision of the Connecticut Supreme Court opened the door to finding coverage for punitive damages under an insurance policy related to certain common law claims. While the case involves a homeowner’s policy, other policyholders may be able to use the court’s reasoning when seeking coverage for punitive damages. The case also clarifies the amount of proof required for an insurer to prove that a…

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Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant DisputeJan 30, 2018

When a prospective tenant alleged a wrongful interference claim against a landlord, the landlord sought coverage under the “Personal and Advertising Injury” coverage section of his CGL policy. Unfortunately, the insurer denied defense, arguing that the coverage required the tenant to have physically occupied the space. In the ensuing coverage action, a Texas Federal district court judge made a surprising ruling that is now up on appeal to the Fifth…

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Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to WatchJan 08, 2018

Argument before the Court of Appeals has now been scheduled for February 7, 2018, in Gilbane Building Co. v. St. Paul Insurance, with a long anticipated decision by New York’s highest court to be issued shortly thereafter. In its September 18, 2017 edition, highlighted three major cases with significant implications on insurance coverage that will soon be decided by the New York Court of Appeals. Gilbane presents an opportunity…

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Florida Supreme Court: Notice of Right to Repair is a CGL “Suit;” SDV Amicus Brief Supports DecisionJan 05, 2018

The New Year started off with a bang for Florida construction insurance policyholders.  In late December, the Florida Supreme Court acknowledged a contractor’s right to a CGL defense during Florida’s right-to-repair process.  Under Florida law, a property owner may not sue a contractor for construction defects without first providing written notice and an opportunity to repair. Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. decided that the notice to repair is…

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