Publications

Nevada’s legislature recently passed a groundbreaking law imposing two prohibitions on insurers. First, the law prohibits insurers from issuing or renewing any liability insurance policy with an “eroding limits” provision. While the first section of the law will have the most immediate effects, the statute goes further, generally prohibiting insurers from limiting the availability of […]

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 […]

SDV’s Will Bennett joined the latest episode of Insuring Cyber Podcast. Will and host Elizabeth Blosfield, Deputy Editor at Carrier Management, took a dive deep into the captivating world of generative AI chatbots in the insurance industry and explored the benefits and risks associated with their use and the use of AI in the insurance […]

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837 which significantly impacts several critical aspects of modern Florida civil litigation, particularly insurance disputes. SDV has actively monitored the evolution of this legislation, including substantial commentary from the legal and insurance communities that followed its enactment. In this multi-part series, we […]

Cannabis businesses have now entered the economy of numerous states across the country. Based on the recent regulatory changes which have allowed these businesses to operate, business owners should evaluate several insurance considerations which are unique for cannabis-related companies. Accordingly, business owners should become familiar with business insurance coverages that can protect them and their […]

The Rhode Island case of Regan Heating and Air Conditioning, Inc. v. Arbella Protection Insurance Company, Inc., et. al.1 provides much-needed guidance regarding ambiguity and the term “pollution.” In Regan, the Rhode Island Supreme Court held that a pollution exclusion contained in the Plaintiff’s “Commercial Package Policy” was ambiguous as to whether home heating oil that escaped into a customer’s […]

Although collateral agreements provide security for insurers on policies with large deductibles, they can create hardships for insureds that are out of proportion with the insurers’ security concerns. Insurers require collateral as security for the repayment of insureds’ deductible obligations for large-deductible liability insurance policies. But collateral agreements also can tie up millions of dollars […]

Originally published on IRMI.com, copyright 2022 International Risk Management Institute, Inc. Since the advent of the modern Insurance Services Office, Inc. (ISO),1 standard additional insured (AI) endorsement in the early 2000s, many insurance companies have advocated for an exceedingly narrow application, arguing that coverage is available only for the AI’s vicarious liability for the named insured’s […]

The Supreme Court of Ohio recently ruled that a ransomware attack on a medical billing company failed to cause direct physical damage to the company’s computer software as required under its business owners policy. Prior to this ruling, a ransomware attack on a business computer system and resultant claim under an all-risk commercial property insurance […]

Federal and state courts tackled a myriad of interesting insurance-related issues this past year. Over two years into the pandemic, we saw the first state high court decision regarding whether property policies provide coverage for COVID-19 losses. Elsewhere, as our country continues to grapple with the opioid epidemic, courts are confronted with whether commercial general […]

General conditions and general requirements are terms of art in the construction industry that describe the indirect costs necessary to complete a construction project. After physical loss or damage to a project, the following question often arises: Are “general conditions” and “general requirements” covered under a builder’s risk policy? General Conditions vs. General Requirements General […]

First-party insurance coverage is typically structured on the basis of one of two types of insuring agreements: “All Risks” and “Covered Peril.” While the difference may seem innocuous, the ramifications of having one versus the other can be monumentally important in a disputed claim scenario. For the reasons discussed in this article, we recommend that, […]