News & Analysis as of

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

Thunder and Lightning: Very, Very Frightening

by Zelle LLP on

The title for greatest reaper of catastrophe losses in the United States does not go to the hurricane, blizzard or ice storm but to the much more common thunderstorm. Thunderstorms don’t get cute names from The Weather...more

Sanctuary Jurisdiction Policy Could Impact Disaster Recovery

by Baker Donelson on

On January 25, 2017, President Trump issued Executive Order 13768, "Enhancing Public Safety in the Interior of the United States." The full implications of this broadly written Executive Order are not yet known; however, it...more

FEMA Requires Compliance with National Standard Building Codes for Restoration of Facilities Funded Through Public Assistance...

by Baker Donelson on

Several recent disasters will test the practical implications of a policy update released by the Federal Emergency Management Agency (FEMA) late last year. In issuing Recovery Policy FP-104-009-4, FEMA envisions that...more

Hawaii Bill Proposes Parametric Disaster Insurance Pilot Program

by Carlton Fields on

On January 23, 2017, Hawaii lawmakers introduced a bill to establish a pilot parametric disaster insurance program aimed at preventing potential liquidity gaps between federal assistance and total economic losses in the event...more

Global Hail—Australia

by Zelle LLP on

Storms that produce large hailstones (greater than 2cm in diameter) occur often in Australia, most commonly in New South Wales and the Australian Capital Territory. Losses from severe convective storms (tornadoes, hail,...more

California Supreme Court Endorses the Insurance Commissioner’s Authority to Regulate Wayward Insurers

by Nossaman LLP on

On Monday, the California Supreme Court revived a 2011 insurance regulation designed to protect homeowners from underinsurance because of the insurance company’s use of potentially misleading estimates for home replacement...more

White House Releases Checklist to Improve Grid Resiliency

by Morgan Lewis on

The new plan builds on efforts to improve the response to attacks and disasters but recognizes that the needed investments may require regulatory changes to ensure cost recovery by utilities....more

Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was...more

Title Bout: Second Circuit Limits Parties’ Control Over Construction Of Policies

by Carlton Fields on

Like other contracts, insurance policies are divided into parts, and most of the parts appear under headings or captions. A separate contract term (known as a “titles clause” or a “headings clause”) sometimes specifies that...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

OIG Pushing FEMA to Get Tougher on Procurement Compliance

by Baker Donelson on

The Department of Homeland Security Office of Inspector General (OIG) recently released their report "FEMA Can Do More to Improve Public Assistance Grantees' and Subgrantees' Compliance with Federal Procurement Rules." OIG...more

Washington, D.C. Update – October 2016

by Baker Donelson on

In a rush to leave Washington and head home to campaign for reelection, members of Congress passed a continuing resolution (CR) avoiding a shutdown and extending federal government operations through December 9. In an effort...more

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And...

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more

Congress Agrees to Spend $500 Million on Disaster Recovery Efforts

by Baker Donelson on

As part of the agreement over the CR, Congress agreed to spend $500 million to help Louisiana and other states recover from recent flooding. At least $400 million is expected to go to Louisiana, where August flooding killed...more

IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas

by Cozen O'Connor on

Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more

Disaster Unemployment Assistance available for 23 counties in NC

In the aftermath of Hurricane Matthew, 23 North Carolina counties have been approved to receive federal Disaster Unemployment Assistance. Gov. Pat McCrory has directed the state Department of Employment Security not to...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

Important Insurance Coverage Considerations for Losses Caused by Hurricane Matthew

by K&L Gates LLP on

Hurricane Matthew hammered the south eastern United States from October 6 through October 9, before finally veering off into the Atlantic. Matthew devastated parts of Florida, Georgia, South Carolina, and North Carolina...more

Hurricane Matthew Relief

The U.S. Citizenship & Immigration Service (USCIS) has set out its directives to offer immigration relief measures for those persons affected by unforeseen circumstances, including natural disasters, such as Hurricane...more

Post-Hurricane Matthew: Insurance Statutes and Regulations

by Carlton Fields on

Because Hurricane Matthew claims may be taking you and your colleagues to several different states, we thought it might be helpful to bear in mind the different claims adjusting standards and regulations in those states that...more

Five Ways to Prepare for Business Interruption Insurance Claims in a Natural Disaster

by Proskauer Rose LLP on

The extraordinary images and reports of the devastation from Hurricane Matthew have filled the news outlets. While the focus remains on the human toll and concern for the well-being of friends, colleagues and business...more

Hurricane season brings unique employer issues

by FordHarrison on

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here...more

Hurricane Matthew insurance tips for businesses

With Hurricane Matthew downgraded to a tropical cyclone, it is time for affected businesses, property owners, and insurers to focus on quantifying the amount of damage caused by the storm. By some estimates, Hurricane...more

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