Severe Weather

News & Analysis as of

Motion To Compel Arbitration Granted In Hurricane Sandy Row

A New York district court granted Hudson Specialty Insurance Company’s (“Hudson”) petition to compel arbitration against New Jersey Transit Corporation (“N.J. Transit”) after determining that the parties had agreed to...more

Texas Supreme Court Holds Builder’s Limited Defensive Participation in Litigation Did Not Waive Right to Compel Developer to...

G.T. Leach Builders, LLC v. Sapphire V.P., 2015 Tex. LEXIS 273 (Tex. Mar. 20, 2015) This action arose after 2008’s Hurricane Dolly caused extensive damage to a luxury condominium project that Sapphire V.P., L.P. (“Developer”)...more

Seventh Circuit Holds Insured Entitled to a New Roof for Purely Cosmetic Hail Damage

The Seventh Circuit is becoming a difficult venue for insurers. In November we reported that the Court of Appeals had held that the phrase “continuous or repeated exposure” in definition of occurrence meant that a continuous...more

Off Schedule: Texas Supreme Court Rules That Ambiguity Produces Blanket Coverage

Owners of multiple commercial properties can significantly reduce their insurance premiums by purchasing a scheduled policy, under which each item of covered property is separately reported (or “scheduled”), and the coverage...more

Construction Case Law Update - July 2015

Involuntary Dismissal of Counterclaims – In a suit between a developer and general contractor, the trial court erred in dismissing the general contractor’s counterclaims, without a motion by the developer, before the...more

Ohio Court of Appeals Holds that Economic Loss Rule Bars Claim by Affiliates of Owner Against Subcontractor

Fed. Ins. Co. v. Fredericks, Inc., 2015-Ohio-694, 29 N.E.3d 313, 2015 Ohio App. LEXIS 684 (Ohio Ct. App. Feb. 27, 2015) This case arises from a construction project in Vandalia, Ohio that was damaged during a windstorm...more

Summer Storms and the FLSA: Paying Employees When Inclement Weather Shuts You Down

As we head into the waning days of June, strong storms and persistent flooding have been all over the news lately. Near me, storms earlier this week demolished homes and businesses, dropped a communications tower on a fire...more

Weather Events Create Difficult HR Issues

In the last month, Houston employers have faced catastrophic rains, flooding, and now a tropical storm. We thought it would be a good time to dust off the Firm’s HR Guide for Hurricane and Disaster Preparation, which can be...more

Businesses not liable if customers injured on their properties during storms

Q&A with Jeffrey A. Curran - Q: Spring always brings a potential for severe weather in Oklahoma. Can a business be held liable if a customer is injured on its property during a storm? A: The Oklahoma...more

South Carolina Legislative Update

Both the Senate Finance Committee and the House Ways and Means Committee were busy last week discussing various infrastructure plans. The House of Representatives met and adopted several pieces of legislation, including, but...more

Construction E-Note - March 2015

In This E-Note: - What Should Parties Do With Unusually Severe Weather on a Construction Project? - Excerpt from What Should Parties Do With Unusually Severe Weather on a Construction Project?: Rain....more

What Should Parties Do With Unusually Severe Weather on a Construction Project?

Rain. Snow. Sleet. Ice. The winter elements this year have been unusually severe throughout the country. While weather affects our everyday lives, it can be especially crippling to the delivery of materials, the schedule of...more

Insurance Review (Australia) - February 2015

In This Issue: - REGULATORY: - The Financial System Inquiry - Insurance Reform In The UK - CYBER: - Top Five Privacy And Cyber Predictions, Trends And Issues Impacting Insurers In 2015 And...more

Blizzards, Hurricanes, and That Dreaded TORCON Index

Many “it was the worst day of my life” stories begin with a weather event. I will never forget sitting with a client in an early April morning mediation several years ago when she received a call on her cell phone. She was...more

Inclement Weather Issues:

This year’s winter weather has wreaked havoc on many parts of the country. Employees have been unable to travel to work, and businesses throughout major cities have shut down their offices. Office closures are costly to...more

It’s Snowing (Again!) – What Responsibility Does a Landlord Have for Snow and Ice Removal?

After four major snowstorms have buried much of Massachusetts in more than six feet of snow, and with other areas of the country dealing with storms of their own, landlords nationwide are wondering how responsible they are...more

Effective Inclement Weather Policies—Top 10 Factors to Consider

Here in Boston we are still busy digging out from the recent snowstorm that shut down much of Massachusetts. Other parts of the Northeast and of the country are also facing blizzards, ice and rain storms this winter, but the...more

How Do I Know if I Have a Premises Liability Claim?

Winter Weather and Premises Liability - Injuries that lead to premises liability lawsuits can happen during any month of the year, but the winter months tend to be particularly hazardous. For example, a recent report...more

“OCEAN VICTORY” – Court of Appeal Decision

In Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1) [2015] EWCA Civ 16, the Appellant sub-charterers appealed the 2013 judgment of Teare J....more

News from Second and State

Due to the threat of impending Winter Storm Juno, members were scarce in the capitol on Monday. The predicted severity of the storm prompted Gov. Wolf to issue a disaster proclamation for the Commonwealth so that state and...more

Let It Snow, Let It Snow, Let It Snow: What Employers Should Remember When Bad Weather Hits

In addition to bringing nearly two-feet of snow, Winter Storm Juno has also brought a gust of wage and hour issues for employers. Unfortunately, it is likely not the last time this winter that employers will have to consider...more

Insurance Coverage for Businesses Affected by Winter Storm Juno

As the northeastern United States digs out from Winter Storm Juno, it is time for businesses and property owners to assess any damage suffered from the storm and analyze their property insurance policies in order to properly...more

Weathering Winter Storm Juno With Roof Collapse Coverage

For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in...more

Oh, the Weather Outside is Frightful! The Down-and-Dirty on Snowy Days and Employee Pay

An employer asked this morning what the “right way” is to handle weather-related attendance issues that were caused by a severe winter storm in its region....more

Winter Storms Raise a Blizzard of Questions for Employers

Almost a year ago, a series of winter storms blasted the country, costing billions in damages and business disruption. Yesterday, businesses and residents in the country's Northeast Corridor again braced for what some...more

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