News & Analysis as of

Flooding Property Insurance Policy Exclusions

Cozen O'Connor

Wind Before Storm May Blow Away Flood Exclusions

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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

Cozen O'Connor

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

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

Robins Kaplan LLP

When it Rains it Floods: California Rainstorms and Flood Insurance

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

Farella Braun + Martel LLP

High Fire Season Followed by El Nino Sets California Policyholders on Collision Course With Property Insurers

Regular readers of the San Francisco Chronicle saw two familiar headlines in the September 10, 2015 issue of that paper. The first – “Northern California wildfire explodes in size”[1] – would not have been unusual on any...more

Zelle  LLP

Will Insurers Respond To The Texas Floods?

Zelle LLP on

May 2015 was a month of record rain for Texas. Meteorologists reported that in May alone, 37.3 trillion gallons of water fell in Texas — enough to cover the entire state with 8 inches of water. The nonstop barrage has caused...more

Cozen O'Connor

Iowa Court: Anti-Concurrent Causation Language Mandates That the Jury Determine Whether an Excluded Peril Was One Cause of the...

Cozen O'Connor on

Last month, we discussed a recent Texas Supreme Court decision that enforced an anti-concurrent causation (ACC) clause.  The month of April also saw a unanimous panel on Iowa’s intermediate level appellate court do the same...more

Cozen O'Connor

New York Court: Storm Surge is a Species of Excluded Flood

Cozen O'Connor on

One of the most litigated issues in the Gulf States in the wake of Hurricane Katrina was whether flood exclusions bar coverage for loss by storm surge. The courts ultimately decided that the answer was yes....more

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