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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 anti-concurrent causation clauses under the applicable state law.

The Texas Supreme Court addressed the enforceability of an anti-concurrent causation clause for the first (and to date, only) time in JAW the Pointe, LLC v. Lexington Ins. Co., 460 S.W.3d 597 (Tex. 2015) (“JAW”). The anti-concurrent clause at issue in that case provided that: “We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.” JAW, 460 S.W.3d at 604 (emphasis added).
Continue Reading Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation

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. 15, 2016).

In Carevel, the insured’s building in Jersey City, New Jersey suffered interior water damage during Hurricane Sandy. The relevant insurance policy excluded damage caused by flood. The flood exclusion included an anti-concurrent causation preamble with the familiar language excluding flood damage “regardless of any other cause or event that contributes concurrently or in any sequence to the loss.” Importantly for the legal issues raised in this case, the policy did cover, via endorsement, damage caused by water that backed up through sewers or drains. Following an investigation into the loss, Aspen obtained a report indicating that the interior water damage was caused by street-level flooding that had infiltrated the building during the storm. Aspen denied the claim based on the flood exclusion. The insured filed suit, claiming that the damage was caused by water that had entered the building through the basement’s sewers or drains.
Continue Reading Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

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…

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.…

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)…

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.

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. …

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:

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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…

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),…