Severe Weather

News & Analysis as of

'Tis the Season to Be Merry — and Worry

As the holiday season approaches and the weather turns cold, employers face a number of issues particularly relevant to this time of year....more

Don't Get Caught Out in the Cold: Winter Wage Law Woes

Now that winter will soon be officially here and many parts of the country are expecting snow in the near future, employers should be mindful of how winter weather impacts wage laws. Employers should review their inclement...more

Policy’s “Named Storm” Deductible Applies To New Jersey Superstorm Sandy Claim

In Wakefern Food Corp. v. Lexington Insurance Company, No. MID-L-6483-13 (N.J. Super. Ct. Law Div. filed Oct. 29, 2014), the Superior Court of New Jersey held in favor of Lexington Insurance Company in connection with a $50...more

Weather-Related Delays at Locations Other Than the Government Facility? No Excuse for A Late Proposal

As all federal contractors know, the FAR, as well as many other rules and regulations, put most of the risk on the contractor in so many ways. Common risks include cost overruns on FFP/LPTA procurements, risk of nonpayment...more

If A Tree Falls In The City, Is It Serving A Public Purpose?

Today’s posting has nothing to do with corporate law and everything to do with trees. On November 30 and December 1, 2011, the City of Pasadena experienced an unusually violent windstorm. Wind speeds in excess of 100 miles...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

Riders on the Storm Beware

Every summer, warm weather prompts millions to flock to bodies of water. While sunbathers likely give little thought to the source of water in which they frolic, design professionals and builders of public and private...more

Texas Federal Court Upholds Summary Judgment In Favor Of Insurer On Hail Damage Claim

Hamilton Props. v. Am. Ins. Co., No.: 12-cv-5046-B, 2014 U.S. Dist. LEXIS 91882 (N.D. Tex. July 7, 2014) was an insurance dispute over coverage for hail damage to the roof of the insured’s commercial property. The insured,...more

Bad Faith Sentinel - May 2014

In This Issue: - Northern District of New York: Primary Insurer That Waited Nine Years to Tender Policy Limits to Injured Plaintiff Was Liable to Excess Carrier for Bad Faith - Middle District of Pennsylvania:...more

City Not Liable for Flood Damage to Private Property After Court Determines City Acted Reasonably

In Biron v. City of Redding (April 30, 2014, C071094) --- Cal.App. 4th ----, the Court of Appeal declined to hold the City of Redding ("City") liable for flood damages caused to private property owned by Philip Biron, et al....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

"Don't Come In To Work Today"

Even here in Maine, where we take pride in not letting winter slow us down, there are days when it just doesn’t make sense to get out of the house. This past winter was a tough one to say the least – for much of the country...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

Bill Protects Employees Impacted By Emergency Weather Conditions

On March 17, 2014, a bill (S1717) was introduced that would prohibit an employer from taking adverse action against an employee because he or she is not working due to a declared state of emergency (by the Governor or...more

Lending Focus: Insurance Proceeds & Casualty Events

Rebuilding After a Casualty. Recent events such as Hurricane Sandy confirm that commercial properties can incur substantial damage and that insurance claims will follow. When the property is encumbered by a mortgage,...more

Employers Must Be Prepared To Deal With The Aftermath Of The Recent Winter Storms

Executive Summary: Much of the country has suffered through a series of punishing winter storms this year. With the number of snow days mounting, employers must determine whether closing the office means having to pay...more

Alabama Legislative Update - Week 5: Legislature Moves Forward Despite Mother Nature's Threat

Facing the likelihood that they would not be able to reach Montgomery once ice and snow moved across their districts in North Alabama, legislators left in time to beat both Mother Nature and Old Man Winter. Senators and House...more

How Does Bad Weather Affect My Immigration Appointment?

The difficult winter and ongoing inclement weather across the U.S. has resulted in USCIS closing or delaying the opening of local offices and Application Support Centers. ...more

Obligations for Employers Before, During and After a Storm

As cleanup from the Nor’easter that pummeled the East Coast last week continues, and the prospect of more snow looms, we hope that you and your families, as well as your businesses and employees, are safe and warm and that...more

How to Maximize Your Insurance Recovery for Property Damage, Business Interruption, and Supply Chain Losses After “Historic”...

Last week businesses and communities throughout the United States experienced the fifth in a series of major winter storms since the beginning of 2014. Four separate stretches of winter weather affected the United States in...more

Hot Topics in OSHA Include Cold Weather Guidance

OSHA has issued guidance to employers related to the dangers of cold stress. If you have employees who must work outside during cold temperatures, be aware that OSHA may consider those employees to be exposed to a recognized...more

Trying to Reason with Blizzard Season: Employers, Employees, and Inclement Weather in the Southeast

In January, a “once-in-a-generation” winter storm hit the southeastern United States. The temperature dropped to record lows while snow and ice paralyzed our cities and towns. Schools across the region were closed, with...more

Don’t Be Bulldozed by Snow Days: What to Consider Before Docking Pay for Weather-Related Absences

With thanks likely to the polar vortex, states across the nation are experiencing record low temperatures this winter. The bitterly cold winter has caused employees to call off work (or show up late) and employers to...more

Do You Have To Shovel Your Sidewalk?

It’s the law in Chicago, and many suburban municipalities, that you must keep sidewalks shoveled. According to Chicago’s code, “Every owner, lessee, tenant, occupant or other person having charge of any building or lot of...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

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