News & Analysis as of

Flood Insurance

NAIC Report: 2017 Spring National Meeting

The NAIC’s 2016 Annual Report is titled, “Inspiring Innovation” and the themes of innovation and the new capabilities that technology offers were evident throughout the weekend. In March, the NAIC announced the creation of a...more

South Florida — The Front Lines of Climate Change?

Two related items about climate change resilience and adaptation caught my eye this week. First, the American Academy of Actuaries issued a report on “The National Flood Insurance Program: Challenges and Solutions.” Those...more

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

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....more

When it Rains it Floods: California Rainstorms and Flood Insurance

by Robins Kaplan LLP on

Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

State Farm Fire and Casualty Co. v. United States ex rel. Rigsby

by Nexsen Pruet, PLLC on

The Supreme Court’s unanimous decision in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby addresses sanctions for violating the seal provision of the False Claims Act (FCA). ...more

Virginia Court Dismisses RICO Claim Against WYO Flood Insurer and Its Adjusters

by Cozen O'Connor on

The preemptive effect of the National Flood Insurance Program (NFIP) on overlapping claims asserted by policyholders based on federal and state common law theories of liability is well established. “Numerous courts have held...more

Court Affirms Summary Judgment Holding Insurance Agent Owed No Fiduciary Duties To Insured

by Winstead PC on

In Brown v. Carrell, homeowners filed suit against their insurance agent over damages to their home from Hurricane Ike. No. 09-15-00016-CV, 2016 Tex. App. LEXIS 13782 (Tex. App.—Beaumont December 29, 2016, no pet. history)....more

Supreme Court Rejects Dismissal Requirement for FCA Seal Violations

by Ropes & Gray LLP on

In State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, the United States Supreme Court rejected State Farm’s argument that a relator’s violation of the automatic seal in a False Claims Act (“FCA”) case mandates...more

Supreme Court Rules on False Claims Act’s Seal Requirement

by McGuireWoods LLP on

In the midst of a False Claims Act (FCA) case, the relators have blatantly violated the FCA’s seal provision. Surely this will lead to dismissal, right? Wrong. On Tuesday, December 6, the Supreme Court unanimously...more

SCOTUS: Dismissal Not Mandatory for False Claims Act Seal Violation

by Latham & Watkins LLP on

Rigsby places discretion in the hands of district courts as to whether and how to sanction relators who violate the seal requirement in False Claims Act cases. On December 6, 2016, only a month after oral argument, the...more

Supreme Court Concludes that Violation of FCA Seal Provision Does Not Necessarily Mandate Dismissal of Qui Tam Suits

by Dorsey & Whitney LLP on

The Supreme Court held yesterday that a violation of the False Claims Act’s seal provision does not mandate dismissal of a relator’s complaint. Justice Kennedy authored the Court’s opinion in the unanimous 8-0 decision. ...more

Supreme Court Holds that Violation of False Claims Act’s Seal Requirement Does Not Mandate Dismissal

by Saul Ewing LLP on

The Supreme Court ruled today (December 6, 2016) in State Farm Fire & Cas. Co. v. U.S. ex rel. Rigsby, ___ S. Ct. ___ (2016). The case probed whether a violation of the False Claims Act’s seal requirement mandated dismissal...more

Supreme Court Decides State Farm Fire & Casualty Co. v. United States ex rel. Rigsby

by Faegre Baker Daniels on

On December 6, 2016, the United States Supreme Court decided State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, holding that the False Claims Act (FCA) does not mandate dismissal of the case when a...more

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...more

US Federal Regulatory Agencies Request Comment on Proposed Private Flood Insurance Rule

by Shearman & Sterling LLP on

The US Federal Reserve Board, the Farm Credit Administration, the FDIC, the National Credit Union Administration and the OCC issued a joint notice of proposed rulemaking to implement provisions of the Biggert-Waters Flood...more

Supreme Court Hears Argument About Violation of FCA Seal Provision

by Dorsey & Whitney LLP on

This month the Supreme Court heard oral argument in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, a case centered on allegations dating back to Hurricane Katrina. The Fifth Circuit had previously upheld a...more

The Illinois Supreme Court Opens Door to Claims Against Government Entities for Flood Losses

by Cozen O'Connor on

Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding because they enjoy immunity from tort claims. So, for...more

When It Rains, It Pours. When It Pours, It Floods. Is there Insurance Coverage for Your Resulting Losses?

The 2016 Atlantic hurricane season, which is coming to a close, has been quite active (translation: destructive and costly). So far, there have been fourteen named storms this season. Six of them were hurricanes, three of...more

Supreme Court Hears Argument on Sanction Standard for Violations of False Claims Act’s Seal Requirement

by Saul Ewing LLP on

We blogged in September about State Farm Fire & Cas. Co. v. U.S. ex rel. Rigsby, 136 S. Ct. 2386 (2016), a case that is pending before the United States Supreme Court. On Tuesday, November 1, the Supreme Court heard oral...more

What Standard Governs the Dismissal of a Relator's Claim for Violation of the False Claims Act's Seal Requirement in an Action...

by Pullman & Comley, LLC on

In the aftermath of the destruction caused by Hurricane Katrina in 2005, Cori and Kerri Rigsby accused State Farm Fire and Casualty Company of falsely misclassifying wind damage as flood damage, among other misdeeds, leaving...more

State-law Based Claims Against Parties Other than the United States Seeking Damages Arising Out of the Procurement of Flood...

by Carlton Fields on

Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th Cir. Aug. 8, 2016) - Case at a Glance - Plaintiffs purchased a home located in a federal flood zone, but they did not purchase...more

Important Insurance Coverage Considerations for Losses Caused by Hurricane Matthew

by K&L Gates LLP on

Hurricane Matthew hammered the south eastern United States from October 6 through October 9, before finally veering off into the Atlantic. Matthew devastated parts of Florida, Georgia, South Carolina, and North Carolina...more

Can Disputes Related To Procurement Of Federal Flood Insurance Policies Be Litigated In State Court?

by Cozen O'Connor on

It is well-established that claim processing and wrongful denial of coverage disputes involving federal flood insurance policies belong in federal court because they present substantial questions of federal law. The U.S....more

Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

by Carlton Fields on

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and...more

A State Law Wolf in Federal Common Law Clothing: The Third Circuit Rejects Insured’s Attempt to Expand Causes of Action Under the...

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...more

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