Hurricane Sandy

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Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country (see here, here, and here). As a quick reminder, an anti-concurrent causation clause is that prefatory language that precedes a list of excluded perils, and that generally provides that…

When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes and businesses.  In the aftermath of those mandatory evacuations, I published an article in the April 2013 issue of DRI’s For The…

The New York Department of Financial Services has appointed the American Arbitration Association (“AAA”) in New York as the exclusive “designated organization” to handle Storm Sandy mediations pursuant to the Mediation Amendment.

The AAA contact information to be inserted into notice letters sent to insureds pursuant to the Mediation Amendment is as follows:

American Arbitration…

On February 25, 2013, the New York Department of Financial Services promulgated a significant new Hurricane Sandy-related regulation that will impact nearly all insurers doing business in the State of New York. Specifically, the Department adopted the Fifteenth Amendment (entitled “Mediation) to New York’s Regulation 64 (“Mediation Amendment”).

The Fifteenth Amendment was adopted as an…

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…

On November 29, 2012, the Superintendent of New York State’s Department of Financial Services issued a Twelfth Amendment to Insurance Regulation 64, which amends Section 216.5(a). Most significantly, investigations of Storm Sandy claims require that the insurer commence investigation of specified claims within 6 days instead of 15, and that if an inspection is…

On November 6, the Consumer Federation of America sent a letter to elected officials in states affected by Hurricane Sandy in which it suggests that regulators should “block application” of anti-concurrent causation clauses:

A typical anti-concurrent causation (ACC) clause might read, “[w]e will not pay for loss or damage caused directly or indirectly by any…

On November 5, 2012, the Rhode Island Department of Business Regulation, Insurance Division (“Department”) issued Insurance Bulletin 2012-4, which can be viewed in the list of bulletins here. The Bulletin provides that Property and Casualty insurers in Rhode Island must fill out a CAT Summary form, which tracks the number of Sandy claims received…

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

…