Construction

2015 Insurance Legal Case Update From SDV Law

1. Capital City Real Estate LLC v. Certain Underwriters at Lloyd’s, London – U.S. Court of Appeals for Fourth Circuit, June 10, 2015 788 F.3d 375 (4th Cir. 2015) Importance of Case: The case addresses a common issue presented by additional insured claims – whether extrinsic evidence can be utilized to determine an insurer’s duty …

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Workers’ Compensation Red Flags and Fraud

There are hundreds of thousands of active workers’ compensation claims in California. During the fiscal year 2013-2014, the California Fraud Division identified 5,729 suspected fraud cases. Of those, only 248 cases were sent to prosecuting authorities (County District Attorneys). For those convicted at trial or who entered a plea bargain, what were the penalties? Not …

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Claim Reserving

Claim reserving is an art form coupled with an educated guess of the most probable outcome for any given claim. Reserves are set by insurance adjusters. For large and more complex claims, a claims manager or vice president will approve the final reserve. Download the Article

Broker Prequalification

Owners have been prequalifying general contractors and, in turn, general contractors have been prequalifying subcontractors for expertise, performance, safety, and innovative ideas for years. You should do the same with your insurance and surety broker. Download the Article

Employment Practices Liability Insurance Lawsuits on the Rise

Daily news reports continue to highlight the need for Employment Practices Liability Insurance (EPLI). The recent high profile case of Ellen Pao v. Kleiner Perkins received daily media attention. Greg Bauman, the editor in chief of the Silicon Valley Business Journal, reported on April 2, 2-15 that “Even though the verdict rejected Pao’s claims…the damage …

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Preparing for an Insurance Audit

Most general liability and workers’ compensation insurance policies are issued on an auditable basis. At expiration, insurers will use in-house or independent auditors to review your records, adjusting your premiums to actual exposures. Audits are typically conducted 60-120 days following your insurance policy expiration. The auditor will make an appointment to visit your office and …

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The Narrowing of Coverage from Additional Insured Endorsements

The Insurance Service Office (ISO) provides standard insurance coverage forms used by most insurance companies. As updated forms are released, the older forms are taken out of publication and are generally no longer used by admitted insurance companies, as a result of their licensing agreements with ISO. In April of 2013, ISO issued several new …

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Umbrella Limits

BY GREG ROUSH Umbrella coverage is your best line of defense for general and auto liability catastrophes. When most businesses consider an umbrella insurance policy, they think about the premium cost and the possible benefits of the coverage. Some business owners may reach the immediate conclusion that they will never see a catastrophic loss, so …

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