Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years. This increased level of cases is due in large part to the damage caused by Hurricane Irene in 2011 and Hurricane Sandy in 2012. One frequently-litigated issue concerns what, if any, coverage is available under a policy with anti-concurrent causation language when a single indivisible loss is caused by a covered peril and an excluded peril. Recent decisions in New Jersey suggest a solid consensus that such a claim is not covered.
Continue Reading New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim
Hurricane Irene
A State Law Wolf in Federal Common Law Clothing: The Third Circuit Rejects Insured’s Attempt to Expand Causes of Action Under the Standard Flood Insurance Policy
By J. Tyler Butts on
Posted in Property Insurance
Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the Standard Flood Insurance Policy, policy holders are limited to breach of contract causes of action against their Write-Your-Own insurance carriers. Those courts…
Insurers Issuing Residential Policies in Delaware Must Include Specific Notice Provision Regarding Hurricane Deductible as of January 1, 2013
By Guest Contributor on
Posted in Uncategorized
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…