Since 2016, the United States has had at least one landfalling hurricane each year and a total of 19 landfalling hurricanes. According to the Insurance Information Institute, five of the top 10 costliest hurricanes have...more
Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co.,...more
When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the...more
We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more
On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149...more
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a June 13 Special Public Notice (“Notice”) the purpose of which is described as providing: …guidance and a summary of exemptions and permits...more
In a recent decision arising out of Superstorm Sandy, the United States District Court for the District of New Jersey confirmed the enforceability of anti-concurrent causation provisions. Zero Barnegat Bay, LLC v. Lexington...more
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
Here’s our Saturday morning update on flood control issues in the Central Valley and beyond. Things have been quieter this week at Oroville Dam, but there’s plenty to report on from around the state....more
Having examined countless witnesses in probate and other contested Surrogate’s Court proceedings, many of us have grown accustomed to learning that critical documents were destroyed by a “flood.” That flood, almost...more