Flood Basics still causing pain for some
How Florida Zoning Regulations Can Encourage Development and Climate Change Resiliency
Condo Water Invasion: Potential Medical Liability?
The Fifth Circuit Court of Appeals recently reversed a federal Texas court’s order granting summary judgment in favor of the insured, holding that its “deductible buyback policy” was a “named perils” policy that did not...more
This is a brief review of some of the significant environmental (and administrative law decisions) released the past few weeks. THE U.S. SUPREME COURT - On April 22, 2021, the Court decided two important administrative law...more
Litigation arising out of Hurricane Harvey (Harvey) has been ongoing since the first lawsuit was filed within days of Harvey making landfall on August 25, 2017, inundating Houston with an unprecedented amount of rainfall and...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a report on December 16th titled: EPA Needs to Improve Its Emergency Planning to Better Address Air Quality Concerns...more
Almost two years after Hurricane Harvey devastated parts of Texas and Louisiana, Central America, and several Caribbean islands, the coverage issues arising out of it are far from resolved. The court decisions addressing...more
Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more
On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of...more
Homeowners facing issues in the wake of Harvey and other Texas storms need to be aware of the recent Texas Supreme Court opinion in Knox v. Eagle Water Management, Inc., that rejected testimony by homeowners as to the cause...more
Many in the Houston area are keenly aware of the devastating impact the rain from Hurricane Harvey had on the region. There are countless stories of residents and business owners who had never flooded that are now living...more
In August, Hurricane Harvey directly hit the city of Houston, leaving substantial wind and flood damage in its wake. Many home and business owners who avoided flood damage breathed a sigh of relief on August 28 when the...more
I. OVERVIEW - On August 25, 2017, Hurricane Harvey made landfall near Rockport, Texas as a Category 4 Atlantic hurricane. It then stalled over Houston. After landfall, winds diminished but precipitation did not, and over...more
Bill Deron bought a 100-acre tract next to a creek outside the City of Houston. Deron planned to build a subdivision where some of the homes abut a creek. The other homes would sit about 15 feet higher than the creekside...more
As the category 4 Hurricane Harvey approached the Texas Gulf Coast, many areas evacuated in preparation for the storm. And in the wake of the hurricane and the widespread flooding that followed, additional evacuations and...more
Because of Hurricane Harvey, oil and gas production company Gonzales Energy and its owner Paunscho are treading water. Rising hurricane flood waters destroyed his files, water-logged his computers and ruined office equipment...more
Some estimates peg the number of cars flooded by Hurricane Harvey at more than a half million. So too, the number of flooded cars following Irma will be legion. This significant loss will likely lead to a significant...more
On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused...more
As I write this article, powerful Hurricane Irma is bearing down on Florida, and Hurricane Jose is close behind it, farther out in the Atlantic Ocean. Hurricane Irma has already devastated parts of the Caribbean Islands, and...more
On September 8th, just days after Hurricane Harvey decimated the Houston metropolitan area, and while many Florida residents were evacuating as Hurricane Irma approached, President Trump signed into law the Continuing...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
As hurricane season swings into full measure, the flooding of Hurricane Harvey has ravaged Texas, and Irma’s path remains uncertain, it is time to revisit the law of flood insurance....more
Despite reticence in Washington, D.C. about the term “climate change” (see our previous blog post on this topic), there is plenty of discussion in the media and in scientific circles about whether intense, off-the-charts...more
• Action Item #1: Insureds should try to report claims for all property damage, including those caused by Hurricane Harvey, by no later than August 31, 2017, in order to avail themselves of the opportunity for an 18 percent...more
Despite the constant news coverage, Americans are inevitably surprised by the violence of hurricanes … and even more by the damages inflicted by storm surges and the extraordinary amounts of rain once the hurricane high winds...more