Natural Disasters

News & Analysis as of

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

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

Global Hail

The United States experiences a large number of hail events, but hail can occur anywhere in the world – especially in areas near mountainous terrain. Western China and northern India experience hail quite frequently, as do...more

Everything is fine, until it isn’t.

Over a period of just 14 months in 2004 and 2005, no less than six hurricanes made landfall in Florida – basically back-to-back years of hurricanes coming at the rate of one per month during the height of hurricane season. ...more

Ambiguity And Ensuing Loss: The Second Circuit Affirms The Southern District Of New York’s Holdings In a $675 Million Superstorm...

In National Railroad Passenger Corp. v. Aspen Specialty Ins. Co., 2016 U.S. App. LEXIS 16074 (2d. Cir. Aug. 31, 2016), Amtrak sought the entire $675 million of available coverage from a number of its insurers for damages...more

Tropical Storm Hermine | A Quick Reference Compliance Guide to Adjusting Storm Related Claims in Florida

..Once a wind storm is named as a hurricane by the National Weather Service, and a warning or watch for any part of Florida is issued, all wind losses in the state from that time until 72 hours after the last warning or watch...more

Spotlight on Louisiana: IRS Grants Tax Relief to Louisiana Flood Victims

Over the past week, Louisiana has been victim to severe flooding that left thousands of people stranded and homeless. On August 15, in the wake of the flooding, the Internal Revenue Service (IRS) granted Louisiana storm...more

Insurance for Wildfires and Other Natural Disasters

It’s a good time to insulate your wine business against getting burned or shaken up in a disaster. The California wildfire season is well underway. Only a year ago, the Lake County fire destroyed hundreds of homes,...more

Disaster Recovery: Navigating FEMA's Cumbersome Financial Assistance Rules

The 2016 Atlantic hurricane season officially began on June 1, and will end on November 30. Hilary S. Cairnie offers his views on the Federal Emergency Management Agency’s (FEMA) policies for reimbursement of disaster...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

Second DCA Refuses to Allow Insurer to Obtain Settlement Information from Settling Co-Defendant

In Allen v. State Farm Florida Ins. Co., 2D15-3114 (Fla. 2d DCA June 10, 2016), a sinkhole plaintiff sued two insurers for the same damage, and then settled with one of them before trial. The non-settling insurer wanted to...more

SEC Proposes New Requirement for Business Continuity Plans for Investment Advisers

On June 28, 2016, the Securities and Exchange Commission (“SEC”) proposed a rule that would require all SEC-registered investment advisers to adopt and implement a business continuity and transition plan (“BCP”). The BCP...more

SEC Proposes Rule Requiring Registered Advisers to Adopt Business Continuity and Transition Plans

On June 28, 2016, the Securities and Exchange Commission (SEC) proposed new Rule 206(4)-4 under the Investment Advisers Act of 1940 (Advisers Act) that would require registered investment advisers to adopt and implement...more

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

Employer Obligations During the Fort McMurray Wildfire

The devastating impact of the wildfire that continues to burn throughout northern Alberta has left those directly affected with unanswered questions relating to sources of income and financial stability. Many workplaces have...more

New Jersey Federal Court Confirms Application of Anti-Concurrent Causation Language in Hurricane Sandy Lawsuit

Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country. As a quick reminder, an anti-concurrent causation clause is that...more

Hurricane Season: Time to Determine Whether You're Covered for Weather

June 1 brings the beginning of the 2016 hurricane season. These storms have the potential to cause devastating damage for companies who own property such as apartment buildings, hotels, factories, retail outlets, warehouses...more

Maximizing Insurance Recovery For Businesses Impacted By Recent Natural Disasters

There has been a spate of natural disasters throughout the world recently—from major earthquakes in Japan and Ecuador to torrential rainfall and flooding in Texas. These events have had devastating consequences, including the...more

Massachusetts Appellate Tax Board Rejects Utility Loss Carryback

Massachusetts Electric Company v. Commissioner of Revenue - Appellate Tax Board Docket No. C310170 (February 24, 2016) - The Appellant, Massachusetts Electric Company (“MEC”), was a Massachusetts public utility...more

IRS Exempt Organization Newsletter 2016-1

On February 2, the IRS released its Exempt Organization Newsletter, Issue Number 2016-1. ..Register for IRS webinar: Starting and Operating Charities for Disaster Relief - ..Form 990-N submission website will...more

T&H Case Study: Creating a Timeline of Fossil Fuel Disasters in America

As mentioned in a previous case study, much of the work we do in support of environmental law and toxic tort cases involves compiling comprehensive site histories. We work with our clients to come up with cost-efficient...more

FDA Extends Comment Period for “Natural” Input

As many of you know, FDA has opened a docket to accept comments on whether and how it should define the term “natural” for food labeling purposes. Today, FDA announced that it will be extending the comment period until May...more

Natural Disasters in Latin America: Reinsurance Issues

According to initial reports, Hurricane Patricia didn't end up causing nearly the damage that the world’s most powerful hurricane could have caused. It is a good reminder, however, for reinsurers of how sudden and...more

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

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

Tax Alert: Relief for Federal Disaster Areas in South Carolina - State Department of Revenue and Internal Revenue Service Issue...

On October 7, 2015, the Internal Revenue Service (IRS) issued SC-2015-71 to grant relief to taxpayers located in federal disaster areas of South Carolina....more

Disaster Preparedness and Your Taxes

If you live on the East Coast of the United States, you are probably following the weather forecast for Hurricane Joaquin very closely. If you are also filing your U.S. income taxes on extension and are trying to make the...more

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