Tag Archives: hurricane

Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation

Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind) and some of which may not (e.g., flood). One of the recurrent legal issues in these multiple causes of loss claims is the treatment of … Continue Reading

Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was the case in the recently-decided matter of Carevel, LLC v. Aspen American Ins. Co., 2016 U.S. Dist. LEXIS 157919 (D.N.J. Nov. … Continue Reading

Business Interruption Requires Complete Cessation of Operations: Fifth Circuit Affirms, In Part, Southern District of Texas Grant of Summary Judgment to Insurer

In GBP Partners Ltd. v. Maryland Casualty Company, 2013 U.S.App.LEXIS 563 (5th Cir. Jan. 4, 2013), the U.S. Court of Appeals for the Fifth Circuit reviewed the entry of summary judgment by the trial court in favor of the insurer. GBP arose out of damage to the roof of a shopping center caused by the … Continue Reading

Hurricane Sandy Insurance Claims: What Insurers Should Focus On

Insurers are starting to deploy adjusters to handle claims from Hurricane Sandy. An article in yesterday’s Wall Street Journal reports that “Disaster-modeling firm AIR Worldwide estimates the industry’s share of losses at $7 billion to $15 billion. At the high end of that range, Sandy would become the third-most expensive storm for insurers in U.S. … Continue Reading

Insurance Departments of Connecticut, Maryland, and Rhode Island Issue Bulletins Regarding Hurricane Deductibles Related to Sandy

Connecticut, Maryland, and Rhode Island Insurance Departments have issued bulletins regarding hurricane deductibles with respect to insurance claims due to Sandy: Connecticut On October 30, 2012, the State of Connecticut Insurance Department issued the following Notice: Please be advised based on information received from the National Hurricane Center (NHC) and the National Weather Service (NWS) … Continue Reading

State Insurance Departments Issue Bulletins Regarding Claims Handling Related to Hurricane Sandy

Connecticut, Delaware, New Jersey, and Rhode Island Insurance Departments have issued several bulletins regarding general claims handling for Hurricane Sandy. Links to the bulletins are provided here: Connecticut http://www.ct.gov/cid/lib/cid/Bulletin_IC-28_Storm_Sandy_October_2012.pdf http://www.ct.gov/cid/lib/cid/Bulletin_IC-30_Storm_Sandy_October_2012.pdf http://www.ct.gov/cid/lib/cid/Bulletin_IC-32_Storm_Sandy_October_2012.pdf Delaware http://www.delawareinsurance.gov/departments/documents/bulletins/DomesticForeignInsurersBulletin56.pdf New Jersey http://www.state.nj.us/dobi/bulletins/blt12_12.pdf Rhode Island http://www.dbr.ri.gov/documents/divisions/insurance/consumers/IndustryAlert2012-3.pdf We will continue to monitor affected states’ insurance department websites for further bulletins regarding Hurricane Sandy.… Continue Reading

Appraisal Award, Standing Alone, Does Not Entitle A Policyholder To Judgment Against An Insurer In The Amount Of The Award, According To Texas Appellate Court

The Texas Court of Appeals has reaffirmed established Texas law, holding that the entry of an appraisal award in favor of the policyholder does not, by itself, establish that the insurer is obligated to pay the award or that the policyholder is entitled to judgment in the amount of the award. Security National Ins. Co. … Continue Reading

Hurricane Isaac Insurance Claims Adjustment: Insights from Katrina

As insurance companies begin the process of adjusting Hurricane Isaac insurance claims, we thought it would be helpful to highlight briefly on our blog some of the key case law from Hurricane Katrina, and some key Louisiana statutes regarding insurance claim adjustment: Water Damage Exclusions: The Louisiana Supreme Court ruled in Sher v. Lafayette Insurance … Continue Reading

Late Notice Under Property Insurance Policy in Florida: Failure to Promptly Notify Insurer Deemed Insufficient to Warrant Summary Judgment by Florida District Court of Appeal

We have seen several recent cases in Florida addressing prompt notice requirements in property policies, many of which are related to Hurricane Wilma claims. This latest decision by the Fourth District Court of Appeal, Leben v. State Farm Florida Ins. Co. 2012 Fla. App. LEXIS 12522 (Aug. 1, 2012) seems to be contrary to the … Continue Reading

Florida Statute of Limitations for Breach of Insurance Policy: Under New Florida Statute, Claims Will Accrue On Date of Loss

The statute of limitations for bringing suit against a property insurer may be far shorter for policies issued after May 17, 2011, under Florida law. As a Florida federal court recently explained in West Palm Gardens Villas Condo Assn v. Aspen Specialty Ins Co., 2012 U.S. Dist. LEXIS 104861 (S.D. Fla. June 25, 2012), under … Continue Reading

Wind vs. Water Damage Allocation Debate: Congress Passes COASTAL Act, Establishing New Wind vs. Water Allocation Formula

As reported by Arthur D. Postal on PropertyCasualty360.com’s online news service, Congress’s recent extension of the National Flood Insurance Program includes a potentially significant provision intended to help resolve debates about allocation of damage between wind and water in hurricane losses. Recently, Congress passed the Consumer Option for an Alternative System to Allocate Losses (“COASTAL … Continue Reading