News & Analysis as of

Flooding Natural Disasters

With most businesses back after Harvey & Irma, what to know about what comes next: legal restoration

by Hellmuth & Johnson PLLC on

This blog post is the first in a three part series. The next posts will cover Business Interruption Coverage and Reinsurance. Business owners affected by hurricanes Harvey and Irma spent the first few days and weeks...more

Forecast for a Political Storm Over Possible Changes to National Flood Insurance Program

by Locke Lord LLP on

This hurricane season cut a wide swath of devastation through the Southeastern United States, dealing another blow to the National Flood Insurance Program (NFIP), which faces the risk of significant debt in light of the...more

Flood Exclusion Unambiguously Excludes Coverage For $49.5M In Hurricane Sandy Losses Caused By Storm Surge

by Cozen O'Connor on

Cozen O’Connor attorneys Thomas McKay III, Richard Mackowsky, Charles Jesuit, and Melissa Brill recently secured summary judgment from the United States District Court for the Eastern District of New York in favor of Great...more

Hurricane Harvey: Triple Landfall on the Texas Gulf Coast

by Wilson Elser on

While Hurricane Harvey will be remembered in the Texas Coastal Bend area for its punishing high winds, it is the days of rainfall and the historic flooding that will make Harvey the most destructive and expensive natural...more

Hurricanes and Flooding: Surely EPA Regulations are Suspended?!

by Williams Mullen on

It seems to happen every year. A natural disaster disrupts fall football season, and interstates are full of evacuees gobbling up hotel rooms and squatting in the nearest safety zones. In those times, no one ever thinks of...more

US: Temporary Extension of the NFIP in wake of Hurricane Harvey

by Hogan Lovells on

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

Senate Passes Bill Proposing Three Month NFIP Extension

by Locke Lord LLP on

On Friday, September 7th, the Senate passed a bill increasing the disaster aid within the National Flood Insurance Program (the “NFIP”) to $15 billion. The NFIP was initially established in 1968 to provide flood coverage to...more

Texas Department of Insurance Issues Additional Bulletins Relating to Hurricane Harvey

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

Insurance Checklist in the Event of Hurricane Losses

by Blank Rome LLP on

1. Identify and review your insurance policies: Depending on your situation, you may have insurance coverage provided through a homeowner’s policy or renters insurance. Coverage may also be available under an auto policy,...more

Sink or Swim – District Court Approves Removing Flood Insurance Claims to Federal Court

by Nexsen Pruet, PLLC on

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

How Should the Flood Management Community Deal with the Uncertainty of Climate Change?

by Downey Brand LLP on

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

Senate Democrats Are Eager to Invest in Infrastructure, Including Flood (but what about Climate Change?)

by Downey Brand LLP on

The democratic members of the Senate Environment & Public Works (EPW) Committee took the initiative to lay out their priorities for a future infrastructure package. Those priorities, totaling over $500 billion, are included...more

Flooding in Houston: Can We – Should We? – Plan for Such Massive Flooding Events?

by Downey Brand LLP on

All eyes are appropriately on Houston right now, where record rainfall has led to catastrophic flooding, loss of life, inestimable damages, and years if not decades of recovery and re-building. Around the country, many...more

HB 1774’s “Hail Bill” and Hurricane Harvey-Time for Action

• 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

Guidance on Protecting Employees During Hurricane Harvey and Especially In Cleanup.

by Fisher Phillips on

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

Insurance Recovery for Losses Related to Hurricane Harvey

by Blank Rome LLP on

Insurance for Property Damage and Business Interruption Losses - Businesses and communities throughout Texas and the Gulf Coast are bracing for the impact of Hurricane Harvey that is expected to wreak havoc this weekend....more

FEMA's 60-Day Appeal Deadlines Now Strictly Enforced Against Applicants and State Grantees

by Baker Donelson on

Applicants for federal disaster assistance under the various programs administered by the Federal Emergency Management Agency (FEMA) are not without recourse when FEMA denies or determines to later take back (deobligate)...more

When is a Flood a “Flood”: East Coast Edition

by Robins Kaplan LLP on

Last month, heavy rainstorms in California brought to the forefront the issue of what is a “flood” under California law, particularly in regard to rain and surface water. We noted a California court held “flood” in its plain...more

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

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

When it Rains it Floods: California Rainstorms and Flood Insurance

by Robins Kaplan LLP on

Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

When It Rains, It Pours. When It Pours, It Floods. Is there Insurance Coverage for Your Resulting Losses?

The 2016 Atlantic hurricane season, which is coming to a close, has been quite active (translation: destructive and costly). So far, there have been fourteen named storms this season. Six of them were hurricanes, three of...more

Washington, D.C. Update – October 2016

by Baker Donelson on

In a rush to leave Washington and head home to campaign for reelection, members of Congress passed a continuing resolution (CR) avoiding a shutdown and extending federal government operations through December 9. In an effort...more

Congress Agrees to Spend $500 Million on Disaster Recovery Efforts

by Baker Donelson on

As part of the agreement over the CR, Congress agreed to spend $500 million to help Louisiana and other states recover from recent flooding. At least $400 million is expected to go to Louisiana, where August flooding killed...more

State-law Based Claims Against Parties Other than the United States Seeking Damages Arising Out of the Procurement of Flood...

by Carlton Fields on

Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th Cir. Aug. 8, 2016) - Case at a Glance - Plaintiffs purchased a home located in a federal flood zone, but they did not purchase...more

Hurricane Matthew insurance tips for businesses

With Hurricane Matthew downgraded to a tropical cyclone, it is time for affected businesses, property owners, and insurers to focus on quantifying the amount of damage caused by the storm. By some estimates, Hurricane...more

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