We hope you are well, and that you and yours weathered the storm with little loss and inconvenience. It is unfortunate how hard the area was hit and how long it will take to recover.
In addition to direct coverage for losses and damage to your own property, some commercial property insurance policies cover lost profits or extra costs resulting from a customer's or supplier's business interruption. Others may provide coverage where there has been damage to utility services supplying power to your business, or you are unable to function because of an order of a civil or military authority or because you physically cannot access your facility. Many suffered power loss or were in evacuation areas or were forced to move clients and operations because of those conditions. You should review all of your policies to see if you have these types of coverage.
Insurance policies are full of insurance jargon. If you need help, McCarter & English's Insurance Coverage Group would be happy to assist you with the insurance aspects of your loss. Our firm's Insurance Coverage Group is successful in handling property damage, business interruption, contingent business interruption and other claims.
Below is a list of our representative matters, a link to our Insurance Coverage Group's webinar, and links to articles describing the various types of coverage claims and offering tips for submitting claims and maximizing your recoveries.
Representative Matters
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Food packaging manufacturer. Representation of a large supermarket chain with property damage, business interruption and spoilage claims arising from super-storm Sandy.
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Automobile company. Representation of an automobile dealer with a property damage claim for losses stemming from super-storm Sandy.
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Professional sports team. Representation of a professional sports team with a property damage claim for damage sustained as a result of super-storm Sandy.
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Entertainment facility. Representation of a tenant/operator of scenic attraction with a property damage claim for losses stemming from super-storm Sandy.
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Major casino hotel. Representation of several casinos on the Gulf Coast in Mississippi with a for property damage and business income claim related to Hurricane Katrina.
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Major fruit distributor. Representation of a large fruit distributor with an $18 million loss resulting from Hurricane Katrina.
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Major chemical manufacturer. Representation of a large chemical manufacturer in connection with claims for approximately $16 million in losses resulting from Hurricane Rita.
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Energy company. Lead insurance counsel to an energy company for claims of property damage to oil rigs off the Gulf Coast caused by Hurricane Rita.
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International manufacturer. Representation of a manufacturer with a $90 million loss related to floods in Thailand in 2011, including advising on Flood Zone and Named Storm issues.
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Major food wholesaler. Representation of Wakefern Food Corporation in obtaining full coverage for all its 2003 Northeast blackout losses. In this landmark case, the New Jersey Appellate Division held that the phrase "physical damage" includes loss of function, value and use (Wakefern v. Liberty Mut., 406 N.J. Super. 524, 968 A.2d 724 (App. Div.), certif. denied, 200 N.J. 209, 976 A.2d 385 (2009)).
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Condominium association. Representation of a condominium association in Named Storm issues allegedly resulting from tropical storm Lee.
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International hotel management company. Counsel in the recovery of approximately $20 million in hurricane-related losses for a Virgin Islands property owner and hotel managing company.
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Engineering products manufacturer. Representation of a provider of janitorial, lighting, and engineering services at the World Trade Center in a $100 million coverage claim for property damage, business income, and extra expense arising from the World Trade Center terrorist attacks.
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Fortune 500 financial company. Representation of a major financial institution in connection with claims arising from the World Trade Center terrorist attacks.
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World Trade Center. Representation of several policyholders in connection with insurance coverage issues stemming from the terrorist attacks on the World Trade Center, which involved over $20 million in combined losses.
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Neighborhood advocacy group. Representation of a homeowners' association and a country club in recovering approximately $40 million in losses arising from hurricanes Jeanne and Frances.
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Holistic services company. Representation of a body-scanning holistic center in Honolulu in claims for property damage, business income, and extra expense losses related to mold resulting from specified perils.
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Fortune 500 electronics manufacturer. Representation of a large consumer electronics company in a contingent business interruption claim for losses stemming from the March 2011 Asian Tsunami.
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Chemical manufacturer. Representation, as lead insurance counsel, of an ethanol plant in Nebraska for a property damage and business income claim related to the collapse and subsidence of several fermentation and thin-stillage tanks.
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House of worship. Representation of the Roman Catholic Diocese in Pennsylvania in a $6 million coverage claim related to property damage and business income arising from earth movement under an elementary school related to pyrite.
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Construction company. Representation of a construction company in a claim for losses sustained when heavy rains caused a sewer to burst and damage its construction equipment and other materials at a site.
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Fortune 500 hotel. Representation of a hotel owner in a $15 million claim for fire loss and business interruption.
Articles
"Good news for homeowners: insurers cannot charge hurricane deductibles," Lexology (Nov. 3, 2012)
"A tale of two credibilities: Super-storm Sandy and recent extreme weather reports," Lexology (Oct. 27, 2012)
"Tough love: Florida continues to improve its hurricane coverage but will it be
enough?" climatelawyers.com (Sept. 9, 2012)
"Storm Surge in Your Lobby: You Should Have Been Thinking About Hurricane Isaac Months Ago," JDSupra (Aug. 29, 2012)
"Some Basics on Contingent Business Interruption and Contingent Extra Expense Coverage," Lexology (August 2012)
"Getting Ahead of Storm Surge, Especially in the Era of Climate Change," Bloomberg Law Reports (2012)
"Taking Cover When Disasters Far and Near Strike: Policyholders Should Look to Their Insurance Coverage," The Metropolitan Corporate Counsel, Hot Issue Alerts, Vol. 19, No. 4 (April 3, 2011)
"Earthquakes, Floods, and Disasters Near and Far: Policyholders Should Look For Cover in the Coverage," LexisNexis (2011)
"Cleaning Up After Mother Nature," Conn. L. Trib. (July 19, 2007)
Webinar
"Hurricane Irene - Tips & Strategies for Submitting Claims and Maximizing Cover"
Disclaimer: McCarter & English's Insurance Coverage Group provides assistance to corporate policyholders across the country and internationally. This publication is for informational purposes only and is not offered as legal advice as to any particular matter. No reader should act on the basis of this publication without seeking appropriate professional advice as to the particular facts and applicable law involved. Moreover, the views expressed in this publication are not necessarily those of McCarter & English's clients.