Navigation

SDV Blog


Resistance is Futile: Insurers’ Broad Duty to Defend in CaliforniaMar 26, 2018

On January 17th, 2018, the PHP Ins. decision from the Ninth Circuit Court of Appeals solidified the broad duty to defend for insurers in California. The court used the long-established precedent that remote facts buried within the causes of action that may potentially give rise to coverage are sufficient to invoke the duty to defend and upheld the trial court’s decision that the insurer’s duty to defend was triggered. Click…

Read More »
Court Narrowly Interprets “Faulty Workmanship” ProvisionMar 22, 2018

In a recent victory in their home state of Connecticut, Saxe Doernberger & Vita partners, Jeffrey Vita and Theresa Guertin, representing owner-developer 777 Main Street, LLC, overcame a summary judgment motion filed by Liberty Mutual Fire Insurance Company. The Connecticut Superior court refused to adopt the insurer’s broad interpretation of the “faulty workmanship” exclusion in an all-risk builders’ risk insurance policy. In 2014, 777 Main Street, LLC began renovations on…

Read More »
CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth CircuitMar 09, 2018

The California Supreme Court recently heard oral arguments over whether an insurer is required to cover allegations that a builder negligently failed to supervise an employee who sexually assaulted a middle school student while working at the student’s school. The question was originally certified to the California Supreme Court by the Ninth Circuit in 2016, but nothing happened until the court heard arguments on March 6, 2018. The case is…

Read More »
NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance CoverageFeb 26, 2018

A New York court held that an employers’ liability policy providing unlimited coverage was unambiguous and that, as a result, the insured’s excess liability policy could not be triggered. This unusual result highlights the need for careful review of insurance policies to ensure that there are no unexpected exhaustion issues when a claim is made. Click here to read the full case alert.              

Read More »