Severe Weather

News & Analysis as of

Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and...more

Ambiguity And Ensuing Loss: The Second Circuit Affirms The Southern District Of New York’s Holdings In a $675 Million Superstorm...

In National Railroad Passenger Corp. v. Aspen Specialty Ins. Co., 2016 U.S. App. LEXIS 16074 (2d. Cir. Aug. 31, 2016), Amtrak sought the entire $675 million of available coverage from a number of its insurers for damages...more

“Context Matters” – Tenth Circuit Holds Mudslide Not an Explosion Under Property Policy

On August 29, 2016, the U.S. Court of Appeals for the Tenth Circuit affirmed a Colorado district court ruling that the sudden obliteration of a building in a 2013 mudslide did not constitute an “explosion” under a commercial...more

Solar Industry Update: "You Should Assume You Are Going to Lose Power and Hope That You Don’t."

In the face of Hermine’s landfall, Florida Governor Rick Scott warned Floridians: “You should assume you are going to lose power and hope that you don’t.” Three days later, Scott expressed frustration at the rate of power...more

Dark Clouds Have Silver Lining for Permit Holders

If there's any good news in a hurricane or tropical storm, this is it: an officially declared state of emergency that allows permit-holders to extend their permits, as well as certain other government authorizations. Not only...more

The Financial Report, Volume 5, Number 16 (Global)

Discussion and Analysis One of our lead articles discusses a research report indicating that SEC enforcement activity has slowed in 2016. According to the article, the SEC has brought nearly ten percent fewer...more

Disaster Recovery: Navigating FEMA's Cumbersome Financial Assistance Rules

The 2016 Atlantic hurricane season officially began on June 1, and will end on November 30. Hilary S. Cairnie offers his views on the Federal Emergency Management Agency’s (FEMA) policies for reimbursement of disaster...more

The Nuts and Bolts of Tolling an Insurance Policy’s Suit Limitation Provision in New Jersey

A recent New Jersey Federal District Court decision provides a good example of how an insurance policy’s Suit Limitation period may be “stopped” and “re-started” by equitable tolling during the adjustment of a property...more

A State Law Wolf in Federal Common Law Clothing: The Third Circuit Rejects Insured’s Attempt to Expand Causes of Action Under the...

Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the...more

Bellerman v. Fitchburg Gas & Electric Light Co. – Lack of Injury in Massachusetts Consumer Claims

In 2014, we posted about the Massachusetts Supreme Judicial Court’s decision in Bellermann v. Fitchburg Gas & Electric Light Co. In that case, plaintiffs sought relief under the Massachusetts consumer protection statute,...more

Mississippi Supreme Court Rules In Insurer’s Favor In Windstorm Pool Assessment Dispute

In a dispute concerning a post-Hurricane Katrina assessment levied by a state-based windstorm pool, the Mississippi Supreme Court recently held that an insurer was entitled to submit revised information pertaining to its...more

WATER. REST. SHADE.

Heat is Creating More Legal Problems this Summer. It has been close to 100° in many southern states and even worse in the West. The Union of Concerned Scientists has warned of a “dangerous heat wave and steps to take....more

Top 7 Factors Affecting Labor Productivity Losses On A Construction Project

Construction labor is always in the news. Last month, I wrote an article for the Nashville Business Journal challenging industry leaders on how to respond to the shortage of skilled labor in the area. Recently, the U.S....more

Heat, Lightning Hazards are Focus of Federal Safety Campaigns

With the arrival of summer, the Occupational Safety and Health Administration has launched initiatives to alert employers and workers to heat and lightning hazards and the steps to take to prevent injury or illness from them....more

Cal/OSHA Warns California Employers That Another Hot Summer is on the Horizon

On June 1, 2016, the California Occupational Safety and Health Division (Cal/OSHA), predicting that temperatures in certain parts of Southern California and even the cooler Bay Area are expected to exceed 100 degrees, issued...more

New Jersey Federal Court Confirms Application of Anti-Concurrent Causation Language in Hurricane Sandy Lawsuit

Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country. As a quick reminder, an anti-concurrent causation clause is that...more

Tornado Drills Can Minimize Employers’ Liability

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

Hurricane Season: Time to Determine Whether You're Covered for Weather

June 1 brings the beginning of the 2016 hurricane season. These storms have the potential to cause devastating damage for companies who own property such as apartment buildings, hotels, factories, retail outlets, warehouses...more

Spotlight on Louisiana: IRS Grants Tax Relief to Louisiana Storm Victims

In a March 14, 2016, news release (LA-2016-1), the IRS announced that certain Louisiana taxpayers affected by the storms occurring on or around March 8, 2016, will receive tax relief. Eligible Taxpayers - Taxpayers who may...more

Weathering the (Winter) Storm

Extreme winter weather can cause serious problems. For children, winter weather often means snow days and an escape from the confines of the classroom. For manufacturers, heavy snow and ice can mean absent workers, power...more

High Winds Damage Property and Interrupt Business Operations: Do You Have an Insurance Claim?

On February 18 and 19, 2016, some areas in Michigan experienced wind gusts of over 55 miles per hour. Many home and business owners where affected. Thousands were left without electricity, causing the spoilage of perishable...more

News from Second and State

It’s more like News from Second and Snow this week, as a record-breaking snow storm dropped roughly 30 inches of snow on our capital city, causing state and city government shut-downs, road and street closures and trouble on...more

Snow Laughing Matter: Employers Ask Important Questions About Inclement Weather and their Responsibilities towards Employees

On the heels of Storm Jonas many employers rightly raise important questions about how inclement weather closures could affect their employees...more

Winter Storm Jonas Forces USPTO Closure on Monday (1/25) and Tuesday (1/26)

For the second time in a little more than a month, the U.S. Patent and Trademark Office has experienced an unexpected closing. Last month, the closing resulted from a major power outage at USPTO headquarters in Alexandria,...more

When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA

Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees...more

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