News & Analysis as of

Flooding Flood Insurance Natural Disasters

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

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

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

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

Property Subrogation Alert: Potential Property Subrogation Opportunities in South Carolina Related to the Recent Historic Rainfall...

by Nexsen Pruet, PLLC on

In light of the recent historic rainfall and flooding in South Carolina, Nexsen Pruet’s property subrogation and recovery team would like to advise you of potential subrogation opportunities that may otherwise go overlooked....more

A Unilateral Scrivener’s Error Can Reflect a Mutual Mistake Requiring Policy Reformation (or, Don’t Expect $20 Million in...

by Carlton Fields on

October 29 marked the second anniversary of Superstorm Sandy’s assault on New York and New Jersey. Although the insurance litigation arising from this storm is just beginning, we have already seen a number of decisions out...more

Overriding Interest - Winter 2012

by K&L Gates LLP on

Highlighting developments and issues in the real estate industry - Winter 2012. In this issue: - Not Waving But Drowning - Client/Sector Focus - Our Residential Investment Practice - Case Summaries - New...more

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