Natural Disasters

News & Analysis as of

Resiliency Strategies for Natural Disasters the Focus of ULI Conference

As southern California cities and property owners were seeing high surfs from a hurricane off Mexico, and less than two weeks after a 6.0 magnitude earthquake in the Napa Valley, the Urban Land Institute was holding a...more

Sandy in the Courts

Hurricane Sandy (also known as Superstorm Sandy) struck the northeast coast of the United States in October 2012, causing an estimated $65 billion* in property damage, including wind damage, severe flooding and power outages....more

HR Guide for Hurricane and Disaster Preparation: Preparing For The Worst

Hurricanes have posed unique human resources challenges for employers with operations in Houston and the Gulf Coast Region. According to the Congressional Budget Office, Hurricane Katrina alone wiped out more than 400,000...more

Court Construes Ambiguous Arbitration Clause Broadly And Compels Arbitration

The dispute involved a claim for benefits under a policy insuring a marine construction site damaged in 2008 by Hurricane Ike. The insured contended that the policy did not provide for arbitration, but instead provided only...more

New York Federal Court Dismisses Superstorm Sandy Bad-Faith Claim as Redundant

In 433 Main Street Realty, LLC v. Darwin National Assurance Co., 2014 WL 1622103 (E.D.N.Y. Apr. 22, 2014), the United States District Court for the Eastern District of New York dismissed the insureds’ cause of action against...more

Eastern District of New York Adopts “Express Train” Discovery Schedule to Ensure Expeditious Resolution of Sandy-related Coverage...

Like many New Yorkers, the U.S. District Court for the Eastern District of New York (EDNY) has had a difficult time dealing with the aftermath of Superstorm Sandy. In response to the hundreds of lawsuits that have flooded its...more

As the Oso landslide finger-pointing begins, Dean Brett recalls earlier cases where slides were caused by unsafe logging and...

As the devastation of the Oso landslide becomes more apparent with each passing day and the disaster appears to clearly involve dangerous logging practices, attorney Dean Brett recalls similar landslides in the past where he...more

New Jersey Legislature Passes Superstorm Sandy Bill of Rights

We previously reported on the New Jersey legislature’s attempt to pass reform bills as a response to Superstorm Sandy. Although New Jersey Assembly Bill A3710 died when referred to the Financial Institutions and Insurance...more

Interrupted by Sandy

In Johnson Gallagher Magliery, LLC v. The Charter Oak Fire Insurance Company, 2014 WL 1041831 (S.D.N.Y. Mar. 18, 2014), the United States District Court for the Southern District of New York, granting a motion for partial...more

CMS’s Civil Defense Won’t Let You Hide Under Your Desk

The Centers for Medicare and Medicaid Services (CMS) have proposed new emergency preparedness requirements for healthcare providers and suppliers. These new requirements are designed to address the effect of a broad range of...more

38 Michigan Counties Designated As Primary Natural Disaster Areas By USDA

The U.S. Department of Agriculture (USDA) has designated 38 counties in Michigan, with three different designations, as primary natural disaster areas due to multiple disasters. Qualified ranchers and farm operators in the...more

Reinsurance Sidecars — Don’t Ride Without A Helmet

Reinsurance sidecars have become an established medium through which third-party capital is now accessing the reinsurance market, with more and more capacity being announced on an almost monthly basis. These special purpose...more

Disaster and Business Interruption Coverages in the Wake of the Polar Vortex

The “Polar Vortex” created severe cold weather conditions and record low temperatures across most of the United States. Many businesses suffered property damage or loss of business as a result of weather-related shut downs,...more

Insurance Recovery Law -- Jan 17, 2014

N.Y. Court Rules In Deductible Battle For Flood Damage Caused By Sandy - Why it matters: The destruction left in the wake of Superstorm Sandy has resulted in a mess of insurance battles for policyholders as well. In a...more

Winter Weather Woes: What are My Obligations to Pay Employees During Inclement Weather?

Last week’s “polar vortex” brought record low temperatures to many parts of the country and shut down offices in numerous cities. Estimates suggest that the frigid weather could cost the U.S. economy up to $5 billion. We have...more

New York State Court Allows Policyholder to Pay Minimum Deductible for Flood Loss

In a January 2014 decision that may prove valuable to policyholders in their disputes over deductibles, a New York state trial court ruled that the appropriate deductible applicable to an oil terminal operator’s $2.28 million...more

The Calm Before the Storm Is the Time to Consider Insurance Coverage

There were no major hurricanes in 2013. Although the season was projected to be above average in terms of activity, this was the first Atlantic hurri­cane season without a major storm event through the month of November in...more

Emergency Response in the Energy & Natural Resources Sector: The Lawyers’ Perspective

Introduction - The term "emergency" can encompass a wide range of events, including on and off shore casualty incidents, such as fire, explosion and collision, environmental disasters, the impact of sanctions and/or...more

Insurance Recovery Law -- Dec 11, 2013

FEMA Clarifies Time Extension for Victims of Sandy - Why it matters: Given the unprecedented meteorological event known colloquially as “Superstorm Sandy,” the Federal Emergency Management Agency granted multiple...more

Fannie Mae Announces Miscellaneous Servicing Policy Changes

On December 4, Fannie Mae issued Servicing Guide Announcement SVC-2013-24, which: (i) updates the modification terms for the “Cap and Extend Modification for Disaster Relief” to require servicers to set the interest rate to a...more

January 6, 2014 Deadline to File Tropical Storm Karen Extension

Section 252.363, Florida Statutes, provides an extension for certain development-related permits and authorizations when the Governor declares a state of emergency, effective within the area covered by the emergency...more

New Bill Gives California Hospital and Corporate Boards Emergency Powers in Events of Disaster

California hospitals and corporations will soon be able to adopt bylaws that make it possible for the governing board to make business decisions in the absence of a quorum during an emergency. Effective Jan. 1, 2014, and...more

Potential Immigration Relief Measures for Filipino Nationals Impacted by Typhoon Haiyan

On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS) issued a reminder to Filipino nationals, in light of Typhoon Haiyan in the Philippines (named “Yolanda” by Philippine authorities), that they may be...more

Some Panhandle Development Permits Eligible for Six-Month Extension Due to Tropical Storm Karen Order

A permit and development order extension opportunity is available until January 6, 2014, for 18 Panhandle counties as a result of the threat posed to Florida by recent tropical storm activity. The extension offers an...more

Don’t Let The Grinch Steal Your Holiday Season: Preserving Your Right To Rebuild Your Business After A Disaster

The one-year anniversary of 2012’s Hurricane Sandy has just passed, which is a fitting occasion to think about how or if your business could be rebuilt after suffering complete or near destruction. Hurricane Sandy,...more

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