Hail damage is so typical in Texas that Chapter 542A of the Texas Insurance Code is known as the “Hail Bill.” Texas follows the concurrent cause doctrine. As the Texas Supreme Court held in Lyons v. Millers Casualty...more
For an incredible 10-day period in mid-February, Texas was battered by a brutal winter storm bringing snow, ice, and record-low temperatures. Millions of Texans were without power and water for days. These conditions forced...more
Last week Hurricane Laura became the strongest hurricane on record to make landfall in the state of Louisiana since 1856. The Category 4 storm claimed at least 10 lives and caused an estimated $4 to $7 billion in property...more
Hurricane Michael is making landfall in the panhandle of Florida as a wildly unexpected Category 4 hurricane. There will unquestionably be damage to structures caused by both storm surge/flood and wind. To the extent that one...more
As bands of heavy rain from Hurricane Harvey move toward southwest Louisiana, damage from wind, rain and flooding is likely to affect the already storm-weary Pelican State. Anticipated damage is expected to fall into three...more
Hurricane Harvey is the strongest hurricane to hit the Texas coast in over 55 years. Like all hurricanes, in some locations Harvey produced strong winds causing wind uplift and projectile property damage. Such damage was...more
The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage...more
We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis...more
On October 3rd, the Texas Supreme Court granted a policyholder’s petition for review in a Hurricane Ike matter that potentially gives Texas’ highest court an opportunity to address several important insurance issues. They...more