News & Analysis as of

Hurricane Harvey

Jenner & Block

Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage...

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The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023),...more

Troutman Pepper

Texas Court Finds Lack of Causation in Takings Case Arising from Spills at Texas Dam During Hurricane Harvey

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On October 6, the Fourteenth Court of Appeals of Houston, Texas issued an opinion in San Jacinto River Authority v. Gonzalez, et al., a case involving claims by 85 residents against the San Jacinto River Authority...more

Cozen O'Connor

Hurricane Harvey: Analysis of Subrogation Opportunities for Upstream and Downstream Losses

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Just over five years ago, on August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane with wind gusts in excess of 130 mph. The storm produced more than four days of torrential rain: in the aggregate, in...more

Carlton Fields

Fifth Circuit Determines a Deductible Buyback Policy Was a Named Perils Policy for Hurricane Harvey Flood Damage

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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

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

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

Morgan Lewis

Failure to Prepare for Climate Change-Induced Extreme Weather: The Next Wave of Legal Exposure?

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In 2020, a growing number of lawsuits and other legal developments potentially associated with climate-driven impacts continued to challenge owners of permitted facilities, including energy infrastructure....more

Cozen O'Connor

Hurricane Harvey Litigation Update: Conflicting Opinions Spur Trial on Damages and Appeal

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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

Carlton Fields

Texas Federal Court Finds No Coverage for Civil Authority Orders Issued in Preparation for Hurricane Harvey Because They Were Not...

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The United States District Court for the Southern District of Texas, in the matter of Evanston Ins. Co. v. AmSpec Holding Corp., granted summary judgment in favor of Evanston Insurance Company (“Evanston”) after determining...more

Carlton Fields

Texas District Court Compels Arbitration Involving Hurricane Harvey Loss

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In opposing a motion to compel arbitration, Nueces County made two procedural arguments: first, that the carrier waived its right to arbitrate by virtue of the policy’s service-of-suit clause....more

Carlton Fields

Texas District Court Finds Arbitration Required in Hurricane Harvey Dispute and That Independent Adjusting Firm May Join in...

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This action involves plaintiff Living Steward Properties’ insurance claim for property damage caused by Hurricane Harvey. The insurer defendants moved to compel arbitration of the plaintiff’s claims that the insurer...more

Carlton Fields

Court Compels Arbitration With Respect to Insurers, Not Brokers

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The U.S. District Court for the Southern District of Texas recently compelled arbitration against insurers but not brokers related to a commercial insurance dispute....more

Cozen O'Connor

New Hurricane Harvey Opinion Provides a Roadmap to Defeating Common Policyholder Attorney Tactics

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Policyholders attorneys often try to skip the threshold steps of bringing their client’s claim within coverage and allocating between covered and non-covered causes of loss.  Instead, the policyholder attorney would have the...more

Foley & Lardner LLP

Texas AGs “No” Opinion on Temporary Disaster Exemption for Texas Property Taxes

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On April 13, 2020, Texas Attorney General Paxton issued an opinion letter on a request of Sen. Paul Bettencourt, R-Houston, regarding a recently enacted statute providing a temporary tax exemption for qualified property...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Needs to Improve Emergency Planning Resources During Future Disasters: Office of Inspector...

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

Bradley Arant Boult Cummings LLP

Don’t Let A Natural Disaster Cause Financial Disaster

In light of the potential for future national disasters such as Hurricane Harvey and all the damage that they can cause, the Consumer Financial Protection Bureau (CFPB) has provided advice on measures to take to secure your...more

Blank Rome LLP

Hurricane Harvey Insurance Claim Gets Twisted

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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

Bradley Arant Boult Cummings LLP

Urgent Considerations with Harvey, Irma, and Maria Suit Limitations Deadlines Approaching

Commercial Property and Business Interruption insurance policies customarily include suit limitations clauses to protect the insurer against lawsuits. These clauses may be found buried amid general conditions in the property...more

Cozen O'Connor

Texas Federal Court Holds that Named Storm Deductible Applies Even in the Absence of Wind Damage

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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

Harris Beach PLLC

Deep in the Floodplains of Texas: Hurricane Harvey, Municipal Measures and Flood Mitigation

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...In August 2017 Hurricane Harvey, the year’s deadliest storm, hit Texas as a Category 4 hurricane. Harvey tied in rank with Hurricane Katrina as the costliest tropical cyclone on record with $125 billion in damage, largely...more

Cranfill Sumner LLP

Hurricane Preparations: Frequently Asked Questions about Homeowners Coverage

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Cranfill Sumner & Hartzog LLP is closely monitoring Hurricane Florence and hopes that everyone in the state is taking the proper precautions to plan and protect themselves from this storm....more

Opportune LLP

A Year After Hurricane Harvey: Houston Oil & Gas Industry Remains Resilient

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August 25, 2017 marked the one-year anniversary when Hurricane Harvey made landfall near the town of Rockport, Texas as a Category 4 hurricane. The storm carried maximum sustained winds of 130 mph, dumped over 60 inches of...more

Kilpatrick

One year later: Hurricane Harvey in the Courts

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In the year since Hurricane Harvey, the Texas and Federal court systems have been flooded, saturated, engulfed (pick the Harvey related adjective of your choosing) with filings related to the damages caused by the rain-heavy...more

Eversheds Sutherland (US) LLP

Texas grand jury indicts Arkema and company executives over Hurricane Harvey emissions

On August 3, 2018, a grand jury in Houston, Texas, indicted chemical manufacturer Arkema North America, Inc. (Arkema), its CEO and a manager at the manufacturer’s Crosby, Texas, plant on criminal charges for the “reckless...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

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

Locke Lord LLP

TWIA Issues Substantial Harvey Assessment

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The Texas Windstorm insurance Association (TWIA) has announced that its board of directors at its May 8, 2018 meeting approved a $175 million member assessment linked to losses arising from Hurricane Harvey. The assessed...more

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