A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First...more
On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) was signed into law. The CARES Act is designed to distribute capital quickly and broadly to help alleviate the economic impact of COVID-19,...more
Having been “inundated with questions from both state regulators and the regulated community about how to handle the current extraordinary situation,” the Environmental Protection Agency (EPA) recently announced a temporary...more
As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (FFCRA) was approved by Congress and signed into law by the President on March 18, 2020, in an attempt to...more
4/1/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (the Act) was approved by Congress and signed into law by the President on March 18, 2020 in an attempt to...more
Moving quickly to respond to the coronavirus outbreak, New York adopted sweeping legislation providing for paid and unpaid sick leave to all New York employees.
...more
Although we cover a wide variety of topics and issues on this blog, one issue that recurs with some frequency is the appropriate application of suit limitation provisions that are found in most property policies. ...more
Nearly five years after Superstorm Sandy, some consistent themes are beginning to emerge from the increasingly robust body of property coverage case law related to the storm. A recent decision from the Eastern District of New...more
Last week, we wrote a post about a number of bulletins of potential interest to property insurers issued by the Texas Department of Insurance concerning the appropriate conduct of those involved in the insurance claims...more
9/11/2017
/ Department of Insurance ,
FEMA ,
Flood Insurance ,
Flooding ,
Hurricane Harvey ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
Severe Weather
With flood waters yet to fully recede, and the cleanup and recovery efforts from the damage caused by Hurricane Harvey and its aftermath in southeast Texas just beginning, the Texas Department of Insurance issued a number of...more
8/31/2017
/ Claims Adjusters ,
Denial of Insurance Coverage ,
Hurricane Harvey ,
Hurricane Season ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Right to Repair ,
Severe Weather ,
Wind Damage
The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for...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
3/3/2017
/ Anti-Concurrent Causation Clauses ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Flood Insurance ,
Flooding ,
Hurricane Irene ,
Hurricane Sandy ,
Insurance Industry ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Insurance ,
Real Estate Market ,
Severe Weather ,
Summary Judgment ,
Water Damage
Property insurance policies typically require that, once an insured suffers a loss, the insured report the loss to the insurance carrier promptly. The purpose of such a provision is to allow an insurer to investigate a claim...more
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
12/5/2016
/ Anti-Concurrent Causation Clauses ,
Denial of Insurance Coverage ,
Flood Insurance ,
Hurricane Sandy ,
Insurance Industry ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Insurance ,
Severe Weather ,
Summary Judgment
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
8/2/2016
/ Breach of Contract ,
Cause of Action Accrual ,
Denial of Insurance Coverage ,
Flood Insurance ,
Flooding ,
Fraud ,
Hurricane Sandy ,
Insurance Industry ,
Insurance Litigation ,
Misrepresentation ,
National Flood Insurance Program ,
Natural Disasters ,
Policy Limits ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Summary Judgment
In determining whether or not to provide insurance to a particular applicant, one thing that insurance companies typically rely on is the insurance application submitted by the prospective insured. The application is designed...more
Disputes involving “vacancy” exclusions typically involve the appropriate definition of that word. The recently-decided case of Lui v. Essex Ins. Co., 2016 Wash. LEXIS 692 (Wash. June 9, 2016) presents a somewhat different...more
6/28/2016
/ Ambiguous ,
Apartments ,
Denial of Insurance Coverage ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
Scope of Coverage ,
Summary Judgment ,
Vacancy Clause ,
WA Supreme Court ,
Water Damage
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
When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes and businesses. ...more
When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes and businesses. In the...more
In insurance litigation, insureds often argue that, if a provision in an insurance policy is found to be ambiguous, that ambiguity should be resolved in favor of the insured, and against the insurer that drafted the contract,...more
In May 2014, Nevada became the latest state to interpret the breadth and applicability of the pollution exclusion contained within a third-party general liability policy. Although many states have considered this question,...more