Publications

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 […]

Nearly half of America’s construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability (“PL”) risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims. Specifically, PL coverage requires proactive claim management and project coordination. […]

The experience of applying for disability insurance coverage carries with it novel information. Depending on your profession, policy features and coverage costs could raise questions. Further, the purchase process is often time-consuming and invasive. After all, a disability carrier asks about your medical history, requires you to submit to a height and weight check, blood […]

*Special thank you to SDV Law Clerk Iliriana Fteja for contributing to this article. A new bill (SB 2022-736) was recently introduced to the Florida Senate. The proposed amendments to the statutes of limitations and repose could significantly impact construction defect claims by effectively creating additional exposure to contractors and insurance carriers. The proposed bill requires […]

*Published in the Journal of Business Continuity & Emergency Planning Volume 15 Number 2. August 13, 2021 Natural disasters have been occurring more frequently and with greater potency, creating a real and heightened financial and operational risk to businesses around the globe. This article aims to enhance traditional business continuity techniques and strategies by discussing how […]

Labor Guard is a project-specific insurance policy for project owners and general contractors operating in New York. The fundamental principle of the program is good risk transfer. SDV is retained to review subcontractor insurance policies and ensure that they meet specific minimum requirements, which are critical to transferring claims off the owner or general contractor’s […]

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 […]

The New York Court of Appeals recently took a pragmatic, policyholder- friendly approach in a coverage dispute over a $140 million payment to the SEC for “disgorgement.” In the long- running case, J.P. Morgan Securities Inc. v. Vigilant Ins. Co.,1 New York’s highest court tackled the issue of whether SEC-ordered disgorgement payments constituted “penalties imposed by law” such […]

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, […]