Publications

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, […]

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 […]

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 […]