Blog: Employment Practices Liability Insurance

In North River Ins. Co. v. Leifer,1 the United States Court of Appeals for the Second Circuit determined that a “prior knowledge” exclusion in a professional liability insurance policy excused the insurer from its duty to defend against malpractice claims brought against its insured. In so holding, the Second Circuit concluded that the insured failed to disclose […]

In National Union Fire Insurance Company of Pittsburg v. Cargill, Inc.1, the Eight Circuit Court of Appeals, applying Minnesota law, recently addressed whether damages associated with an employee’s embezzlement scheme would be covered under a policy for employee theft. Cargill, which owned a grain storage facility, discovered that an employee engaged in a multi-year scheme to […]

In Gemini Insurance Company v. Indemnity Insurance Company of North America, the U.S. District Court for the Southern District of Texas found an employer’s liability policy only provides coverage for bodily injury claims brought against the Named Insured by its own employees and NOT employees of its subcontractors. The case arose from the death of Echo […]

Significant portions of Florida suffered extensive damage from Hurricane Ian. Many out-of-state contractors have sent their workers to Florida to help with the cleanup and rebuilding process. SDV is sending out this important notice for all out-of-state contractors to contact their workers’ compensation brokers and insurers to ensure their out-of-state workers’ compensation policy will cover […]

In the case of Wolf v. Life Insurance Company of North America, 2022 WL 3652966, (9th Cir. August 25, 2022), the Ninth Circuit Court of Appeals affirmed the determination of the district court agreeing that the tragic death of a young man was an “accident” as defined under an accidental death and dismemberment (AD&D) policy. Applying […]

New York has enacted an unpaid wage law that imposes liability upon upstream contractors. Senate Bill S2766C is intended to provide recourse to construction workers whose employers fail to pay wages owed for completed work. Critically, the Bill amends New York’s existing Labor Law and General Business Law to hold upstream contractors liable for any […]

One of the most important methods for shifting risk in the construction context is insurance coverage. Upstream parties such as owner/developers and general contractors typically require that their downstream subcontractors who perform work on their properties or projects bring specific insurance to the table. These insurance requirements have a twofold purpose: protect the upstream parties, […]

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. These issues, including decreased product demand as well as supply- side issues, have been […]

To state the obvious, the global “COVID-19” pandemic has resulted in substantial financial losses for many businesses and furloughed workers. Forced shutdowns, lower consumer demand, and reduced capacity/shortened hours of operation have translated to lower revenues for many companies, causing them to make hard decisions. These tough choices include cost-cutting measures (layoffs or furloughs), bankruptcy […]

In Nagog Real Estate Consulting Corp. v. Nautilus Insurance Co.,1 the United States District Court for the District of Massachusetts held that an insurer had no duty to defend its insureds against claims brought by an injured subcontractor, based on an overbroad employer’s liability exclusion in the policy. Nautilus Insurance Company issued a commercial general liability policy […]

The financial integrity of commercial entities depends heavily on their ability to anticipate risks and financial liabilities while working in conjunction with their partners and insurers to allocate these costs before they arise. This is a fluid and dynamic process as some companies’ operations may span across numerous jurisdictions with varying approaches to the legal […]

Boston’s recent decision to temporarily shut down city construction projects has many in the industry asking what impact, if any, a COVID-19 related shutdown would have on project insurance. For this article, the focus is not on the question of whether there is coverage for damages or liabilities because of COVID-19; there are many other […]