Flood Basics still causing pain for some
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code. This law provides comprehensive...more
In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in a...more
Hope for the best and prepare for the worst—that's the best advice to protect yourself from hurricanes. Despite our best efforts, there's no telling what these storms will bring when they blow through town....more
The communities of Southwest Florida suffered a catastrophic blow in September of 2022 when Hurricane Ian decimated so much in its path. Now Hurricane Idalia brings yet another set of challenges to Southwest Floridians, who...more
For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more
In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state. The storm brought with it significant storm surge that caused substantial flooding. The storm also was accompanied by...more
In late September of 2022, Florida was again at the center of a historic natural disaster when Hurricane Ian made landfall along the Lee Island Coast as a strong Category 4 storm, leaving behind a wake of devastation....more
Most of the Florida homes in the path of Hurricane Ian lack flood insurance, posing a major challenge to rebuilding efforts, new data show. In the counties whose residents were told to evacuate, just 18.5 percent of homes...more
Hurricane Ida once again exposed our nation’s severe vulnerability to natural disasters. One-hundred-year storms are now pummeling us on what seems to be an annual basis. The breadth of Ida’s impact was unique, however,...more
Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co.,...more
Last week Hurricane Laura became the strongest hurricane on record to make landfall in the state of Louisiana since 1856. The Category 4 storm claimed at least 10 lives and caused an estimated $4 to $7 billion in property...more
When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the...more
Almost two years after Hurricane Harvey devastated parts of Texas and Louisiana, Central America, and several Caribbean islands, the coverage issues arising out of it are far from resolved. The court decisions addressing...more
The United States District Court for the Southern District of New York recently granted an insurer’s motion for summary judgment in a case arising from Superstorm Sandy based on unambiguous policy language providing a...more
1. Identify and review your insurance policies: Depending on your situation, you may have insurance coverage provided through a homeowner’s policy or renters insurance. Coverage may also be available under an auto policy,...more
While Hurricane Ike made landfall in Texas almost ten years ago, the resulting litigation is alive and well as evidenced by the recent decision in Texas Windstorm Insurance Association v. Dickinson Independent School...more
In this episode of OnRisk, K&L Gates attorneys John Sylvester and Paul Fuener discuss business interruption insurance for hurricane losses, highlighting important steps that policyholders can take to protect their interests...more
When is an insurer’s “Rejection of Proof of Loss” letter for flood insurance damage, which states on its face that it “is not a denial of your claim,” nevertheless a written denial of claim? According to the Third Circuit in...more
In January 2018, the Texas Department of Insurance (“TDI”) presented Hurricane Harvey data to the Texas Senate Business and Commerce Committee. After the hurricane, TDI requested monthly reports from the insurance industry,...more
In the first part of the series “The Mortgage Servicer’s Role in Navigating Insurance Claims,” we covered assessing property damage and applying insurance proceeds in compliance with the terms of the standard mortgage...more
The 2017 Atlantic hurricane season is already one of the most devastating in history. In late August, Harvey struck at the heart of Houston, Texas, and dropped 51.88 inches of rainfall in Texas, the highest rainfall total to...more
As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more
As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance...more
This hurricane season represents the first time in the history of record keeping that two Category 4 or higher hurricanes, Harvey and Irma, have struck the U.S. mainland in the same year. Within a month, Hurricanes Harvey and...more
Last week, we wrote a post about a number of bulletins of potential interest to property insurers issued by the Texas Department of Insurance concerning the appropriate conduct of those involved in the insurance claims...more