SDV Insights

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.

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.

LAW360.com recently surveyed attorneys to offer tips for what general contractors should - and shouldn't - do when pursuing additional insured coverage. According to the article, "With the broad array of risks present on a typical construction site, one of a general contractor's top options to shield itself from liability for property damage and bodily injury claims is to secure expansive "additional insured" coverage through its subcontractors."

In a pro-policyholder decision, LAW360.com reported that a New York federal judge recently ruled that a thief's use of emails to trick employees of Medidata into wiring money overseas was a covered incident under the company's computer fraud policy, weakening insurers' arguments that such coverage is meant to apply only to hacking into policyholders' computers.

On July 14, 2017, the Trump administration released a statement indicating that the United States intends to sign the U.S. - EU bilateral insurance agreement. The announcement came several weeks after the Council of the European Union adopted a decision authorizing the signing of this agreement.

Earlier this year, the 5th Circuit applied the Davis factors to determine the validity of an indemnity clause in a Master Services Contract. In Larry Doiron Inc. et al., v. Specialty Rental Tool & Supply LLP et al., the court affirmed the notion that if a contract provides services on navigable waters aboard a vessel, a maritime contract exists, even if the contract calls for incidental or insubstantial work unrelated to the use of a vessel.

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.

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.

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).

On June 15, 2017, Governor Rick Scott ratified H.B. 377, which amends Florida's statute of repose for construction defect claims to include, for the first time, a definition for contract completion.