News & Analysis as of

Flooding

Mind the Gap! Hurricanes may have significant impact on Gap coverage

by Locke Lord LLP on

Some estimates peg the number of cars flooded by Hurricane Harvey at more than a half million. So too, the number of flooded cars following Irma will be legion. This significant loss will likely lead to a significant...more

Potential Remedy for Addicks & Barker Reservoir Release Victims

by Strasburger & Price, LLP on

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused...more

Land Use Lessons from the Eye of the Hurricane

by Miles & Stockbridge P.C. on

As I write this article, powerful Hurricane Irma is bearing down on Florida, and Hurricane Jose is close behind it, farther out in the Atlantic Ocean. Hurricane Irma has already devastated parts of the Caribbean Islands, and...more

US: Temporary Extension of the NFIP in wake of Hurricane Harvey

by Hogan Lovells on

On September 8th, just days after Hurricane Harvey decimated the Houston metropolitan area, and while many Florida residents were evacuating as Hurricane Irma approached, President Trump signed into law the Continuing...more

Senate Passes Bill Proposing Three Month NFIP Extension

by Locke Lord LLP on

On Friday, September 7th, the Senate passed a bill increasing the disaster aid within the National Flood Insurance Program (the “NFIP”) to $15 billion. The NFIP was initially established in 1968 to provide flood coverage to...more

Texas Department of Insurance Issues Additional Bulletins Relating to Hurricane Harvey

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

Insurance Checklist in the Event of Hurricane Losses

by Blank Rome LLP on

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

Sink or Swim – District Court Approves Removing Flood Insurance Claims to Federal Court

by Nexsen Pruet, PLLC on

As hurricane season swings into full measure, the flooding of Hurricane Harvey has ravaged Texas, and Irma’s path remains uncertain, it is time to revisit the law of flood insurance....more

Concurrent Causation in Puerto Rico

by Zelle LLP on

While Puerto Rico was spared a direct hit from Hurricane Irma, it was lashed by Irma’s wind and experienced significant amounts of rain that will likely lead to flooding. There may also be damages arising from storm surge...more

How Should the Flood Management Community Deal with the Uncertainty of Climate Change?

by Downey Brand LLP on

Despite reticence in Washington, D.C. about the term “climate change” (see our previous blog post on this topic), there is plenty of discussion in the media and in scientific circles about whether intense, off-the-charts...more

Senate Democrats Are Eager to Invest in Infrastructure, Including Flood (but what about Climate Change?)

by Downey Brand LLP on

The democratic members of the Senate Environment & Public Works (EPW) Committee took the initiative to lay out their priorities for a future infrastructure package. Those priorities, totaling over $500 billion, are included...more

Flooding in Houston: Can We – Should We? – Plan for Such Massive Flooding Events?

by Downey Brand LLP on

All eyes are appropriately on Houston right now, where record rainfall has led to catastrophic flooding, loss of life, inestimable damages, and years if not decades of recovery and re-building. Around the country, many...more

HB 1774’s “Hail Bill” and Hurricane Harvey-Time for Action

• Action Item #1: Insureds should try to report claims for all property damage, including those caused by Hurricane Harvey, by no later than August 31, 2017, in order to avail themselves of the opportunity for an 18 percent...more

Guidance on Protecting Employees During Hurricane Harvey and Especially In Cleanup.

by Fisher Phillips on

Despite the constant news coverage, Americans are inevitably surprised by the violence of hurricanes … and even more by the damages inflicted by storm surges and the extraordinary amounts of rain once the hurricane high winds...more

Insurance Recovery for Losses Related to Hurricane Harvey

by Blank Rome LLP on

Insurance for Property Damage and Business Interruption Losses - Businesses and communities throughout Texas and the Gulf Coast are bracing for the impact of Hurricane Harvey that is expected to wreak havoc this weekend....more

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

by Nossaman LLP on

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform

by Downey Brand LLP on

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an...more

FEMA's 60-Day Appeal Deadlines Now Strictly Enforced Against Applicants and State Grantees

by Baker Donelson on

Applicants for federal disaster assistance under the various programs administered by the Federal Emergency Management Agency (FEMA) are not without recourse when FEMA denies or determines to later take back (deobligate)...more

Spate of Suits Brought by California Communities for Sea Level Rise May Change Landscape of Climate Change Litigation

by Ropes & Gray LLP on

A recent trio of cases filed in California state court seek to hold major fossil fuel companies liable for the effects of sea level rise they allege to be caused by climate change....more

James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference

by Downey Brand LLP on

One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is...more

New Guidance from USACE Could Streamline Processes

by Downey Brand LLP on

A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including...more

Crisis Management – Are You Prepared?

by Fisher Phillips on

Newspaper headlines, television airwaves, and social media links are filled with companies dealing with crises on a near-daily basis. Just as Samsung learned in 2016 when its phones were catching on fire, and as United...more

The FY2017 Budget Continues to Support Army Corps Activities

by Downey Brand LLP on

On Friday May 5 President Trump signed the budget deal that allows the Federal government to move from its one week continuing resolution to an adopted budget for the 2017 Fiscal Year....more

When is a Flood a “Flood”: East Coast Edition

by Robins Kaplan LLP on

Last month, heavy rainstorms in California brought to the forefront the issue of what is a “flood” under California law, particularly in regard to rain and surface water. We noted a California court held “flood” in its plain...more

LIDAR Data to the Rescue

by Cozen O'Connor on

Often in litigation, especially in flood claims, determining the vertical elevation of a land or water based structure or object is important. In a recent flood case, the elevation of the top of an earthen embankment and...more

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