The Week in FCPA-Episode 67, the Post Harvey Edition
I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
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
In January 2018, the Texas Department of Insurance (“TDI”) presented Hurricane Harvey data to the Texas Senate Business and Commerce Committee. After the hurricane, TDI requested monthly reports from the insurance industry,...more
The Senate’s vote Tuesday to forgive $16 billion in debt owed by the National Flood Insurance Program gives a much-needed boost for NFIP as it faces large payouts from recent hurricanes. Packaged with other disaster aid...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
In the first part of the series “The Mortgage Servicer’s Role in Navigating Insurance Claims,” we covered assessing property damage and applying insurance proceeds in compliance with the terms of the standard mortgage...more
The Texas Department of Insurance (TDI) has cautioned insurers against improper underwriting activities in the wake of Hurricane Harvey. Specifically, TDI issued Commissioner’s Bulletin # B-0032017 on September 21, 2017,...more
Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind) and some of which may...more
The 2017 Atlantic hurricane season is already one of the most devastating in history. In late August, Harvey struck at the heart of Houston, Texas, and dropped 51.88 inches of rainfall in Texas, the highest rainfall total to...more
This hurricane season represents the first time in the history of record keeping that two Category 4 or higher hurricanes, Harvey and Irma, have struck the U.S. mainland in the same year. Within a month, Hurricanes Harvey and...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
It is estimated that less than 20% of those affected by Hurricane Harvey, and a week later Hurricane Irma, had flood insurance. Home owner’s and renter’s insurance policies exclude damage caused by floods. Those affected...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
The National Flood Insurance Program (NFIP) will expire at the end of the month. For anyone that has read the newspaper lately, this is a lousy time for the program to expire with two hurricane’s bearing down on the Eastern...more
The number of claims arising from a significant wind event such as Hurricane Irma can create intense time pressure on insurers and their adjusters. The insurer must promptly acknowledge each claim and make prompt inspection....more
As victims of Hurricane Harvey try to assess their (often catastrophic) damages, many business owners are finding that their traditional coverages do not adequately cover the scope of their losses. The National Flood...more
San Francisco Darren Teshima, Co-Leader of Orrick's Complex Litigation and Dispute Resolution practice, litigates high stakes disputes on behalf of clients in the financial and technology sectors and advises corporate...more
It has been so difficult to watch the news reports of the devastation and havoc left in the wake of Hurricane Harvey, and now anticipated this weekend by Hurricane Irma, which is being reported as the most powerful storm to...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
As we reported in May, the Texas Legislature recently passed legislation which amends Chapter 542 of the Texas Insurance Code—Texas’s general prompt pay statute for insurance claims. Most of the new law’s provisions are...more
Strong bipartisan support exists to respond to devastation caused by Hurricane Harvey, though funding levels and the form of such relief takes are still uncertain. Initial estimates (which are expected to rise) now place the...more
At this time, immediate lifesaving response activities have priority. As soon as they are able, impacted public and non-profit entities must consider the available resources to help defray costs, including insurance and...more
Hurricane Harvey and its associated rainfall have simply devastated much of southeastern Texas. Many areas were left inaccessible, or without water or power services. Evacuation and curfew orders limited travel and...more
With Hurricane Harvey having pummeled much of the Texas Gulf Coast, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its...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