hurricane deductible

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The ability to recover extra-contractual damages such as attorneys’ fees, costs and interest in insurance coverage cases varies widely in jurisdictions nationwide. The Southern District of Florida’s recent decision in Sands on the Ocean addresses the recovery of attorneys’ fees and prejudgment interest in an appraisal context in Florida. In Florida, a statute generally provides…

On December 7, 2012, the Delaware Department of Insurance issued Bulletin No. 58 reminding insurers writing residential policies incepting or renewing on or after January 1, 2013 that policies must include a prominent and specific notice regarding applicable hurricane deductibles. The Bulletin indicates that in the wake of Hurricane Irene and storm Sandy, many Delaware…

In one of our November 1, 2012 blog posts, we indicated that news reports were advising that New Jersey would not permit the application of hurricane deductibles to insurance claims due to Sandy. Governor Christie has since issued an undated Executive Order 107, which provides the following in relevant part:

  • it “shall be

…

Following Maryland, Connecticut, and Rhode Island’s leads, New York and New Jersey are reportedly advising that the hurricane deductible should not apply to claims due to Sandy.

This article published on-line by NBC, indicates that the New York State Department of Financial Services has advised the insurance industry that the hurricane deductible should not…