Blog: Insurance Claims

With the ever-increasing usage of technology in the construction and energy industries, risks to business operations have also increased. Property developers and construction contractors rely on electronic data and communications more than ever to streamline projects, ensure efficient and timely supply chain delivery, and facilitate immediate communications between parties. However, with this dependence upon technology […]

Hollywood producer turned convicted felon Harvey Weinstein has brought a legal malpractice suit against his counsel, claiming they failed to inform him that the dismissal of a charge in his 2020 trial would result in the forfeiture of insurance coverage.1 The suit alleges that Abelson Herron Halpern LLP (“AHH”) was contractually required to provide Weinstein “with […]

Some of the hot topics dominating the construction industry today include the impacts of COVID-19, government testing and vaccine mandates, cyber security, and the evolving role of general counsel. This article provides a summary review of those topics. a. The Economic Impact of COVID-19 for Project Owners Project owners have been placed in a precarious […]

Technology is the driving force behind industry and growth for all businesses, but its advantages come with risks. Downed computer systems and lost data can have significant financial impacts. Security breaches, viruses, and information theft by computer hackers also pose a serious problem. Thousands of cyberattacks occur in the US every day, and no business […]

On the eve of the implementation of CIDA’s mandatory insurance disclosure deadlines in all pending civil actions in NY, the anticipated amendment was passed, relaxing the onerous disclosure requirements. The key changes include: Extending the timeframe for disclosing certain insurance information from 60 days after service of an answer to 90 days; Allowing the Defendant […]

*Special thanks to SDV Law Clerk Brittany Bisson for contributing to this article. The recent Nevada Supreme Court ruling in Zurich American Insurance Company v. Ironshore Specialty Insurance Company1 benefits insureds seeking to establish an insurer’s duty to defend. As a matter of first impression, the court clarified that insureds have the burden to prove that an […]

California, and the greater Western United States, have experienced devastating wildfires over the last ten years. Not only are the fires more destructive than in years past, but they are also no longer constrained to specific seasons. Because one of the effects of climate change is a drier and hotter climate in the West, California […]

Applying Louisiana law, a recent federal court decision exemplifies why policyholders should thoroughly read claims-made policies to understand when notice is due to insurers and truthfully complete policy applications. In Admiral Insurance Company v. Dual Trucking, Inc.,1 the Court determined the insurer, Admiral Insurance Company (“AIC”), owed no duty to defend or indemnify Dual Trucking and Transport, […]

SDV’s Natural Disaster Recovery Group presents the Hurricane Handbook: A Policyholder’s Guide to Handling Claims during Hurricane Season. This handbook intends to be a practical guide on policyholder issues, both homeowners and business owners alike, when preparing for hurricane season and handling claims after a loss due to a hurricane. The handbook is a living document […]

If you suffered damage as a result of a hurricane, you should submit a claim under any insurance policy you have that might apply. This includes: • Flood insurance • Homeowner’s insurance • Renter’s insurance • Condo insurance • Auto insurance Some of these policies may have limitations, or even not apply, to losses associated […]

I. Introduction First-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors and their subcontractors, to have a functional knowledge of the different types […]

Recently, Theresa A. Guertin published a chapter in the 2021 Construction Law Update. This chapter provides an overview of indemnification agreements, the critical lines of insurance coverage most commonly purchased by construction industry players (builder’s risk, commercial general liability (CGL), excess/umbrella, automobile liability, and workers’ compensation), and some significant issues associated with each line of […]