News & Analysis as of

Severe Weather

New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit

by Carlton Fields on

Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No....more

Appraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy...

Suit limitation provisions in insurance policies shorten the statutory period of time that a plaintiff may bring a suit against an insurer for certain causes of action. A New York court recently held that an appraisal award...more

New York Court of Appeals Holds That Tower Crane Damaged By Superstorm Sandy Is Not Covered by Project’s Builder’s Risk Insurance...

by Pepper Hamilton LLP on

Lend Lease (US) Constr. LMB Inc. v. Zurich Am. Ins. Co., No. 11, 2017 N.Y. LEXIS 112 (N.Y. Feb. 14, 2017) - Early, in its opinion, the New York Court of Appeals noted that “[o]ne of the most dramatic images of...more

Solar in the Frost: What to Watch Out For

As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make...more

The “El Niño” Effect In Peru, Can Anything Be Done?

by Zelle LLP on

After a period of severe drought, per recent news reports the “El Niño” effect is bringing heavy rainfall on Peru´s Northern coast causing overflowing of rivers, mudslides and flooding. This is the worst such disaster since...more

Insureds Cannot Shift Burden To Identify Claimed Damage

by Zelle LLP on

The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to...more

As the Northeast Prepares for a Major, Late Season Snow Storm, HR Legalist Reminds our Readers of the Importance of Employer...

In January 2015, HR Legalist contributor, Teleicia D’Amberville, wrote about employer responsibilities towards employees when a serious weather event occurs. As a major snow storm is set to hit the Northeast of the United...more

Weather Got You Down? How to Comply With The FLSA in Inclement Weather

by Saul Ewing LLP on

Snow days, hurricanes, power outages, floods - when weather of biblical proportions forces you to close or prevents your employees from getting to work, what do you do? The answer depends on whether the employee is paid...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

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

Global Hail: Kenya

by Zelle LLP on

Kericho, Kenya is said to be the most hail-prone place in the world and has up to fifty days of hail each year. Kericho is close to the equator and at an elevation of 7,200 feet, which contributes to it being a hot spot for...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

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

Unequivocal Denial: District of New Jersey Court Outlines What is Not Necessary

We have previously featured New Jersey District Court decisions addressing “unequivocal” denials in the context of policies’ suit limitation provisions. In the latest, Ryan v. Liberty Mut. Fire Ins. Co., No. 14-6308...more

What’s in a (Storm) Name?

by Zelle LLP on

Since 2012, The Weather Channel (“TWC”) has been naming winter storms according to its own internal procedures—or, as some would see it, internal whims. TWC’s criteria for naming winter storms was first implemented for the...more

Q&A With Chris Thrutchley: Tornado Drills Can Minimize Employers’ Liability Risks

by GableGotwals on

Q: Does a business need severe weather policies and procedures? A: Recently, a Houston meteorologist warned during a broadcast that he would “expose” employers who fired workers for not showing up due to deadly flooded...more

Inclement Weather FAQs: Who Gets Pay for a Snow Day?

by Littler on

As winter progresses, employers may find themselves monitoring the weather and wondering how to handle numerous operational headaches. Should a worksite close? If so: when, and for how long? Who can work from home, and who...more

EAP – What is it and why do you need one?

by Reminger Co., LPA on

If you work in a large building on one of the higher floors, you will remember the last fire drill where you walked umpteen flights of stairs following your co-worker with the orange hat. Once you reached the bottom and...more

Super-Typhoon Nock-Ten: Late-Season Abnormality or Harbinger of Larger Changes?

by Zelle LLP on

An unusual December super-typhoon made several landfalls in the Philippines on Christmas Day 2016, bringing heavy rainfall, fierce wind gusts, and dangerous flooding to the island nation. While the number of fatalities...more

Claims Journal Names Hail Top-Trending Story of 2016; Steven Badger Quoted

by Zelle LLP on

Claims Journal has named their top-five national trending stories affecting the property casualty claims industry in 2016, and hail tops the list. The video segment on the Claims Journal website notes...more

Global Hail: China

by Zelle LLP on

Hailstorms have been occurring for centuries across the globe. However, some regions of the world, particularly southern China, seem more prone to these destructive storms. High-impact weather (HIW) is defined as weather that...more

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption.  We discuss below some typical scenarios that you are...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

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

by Carlton Fields on

It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more

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