News & Analysis as of

Hurricane Harvey Natural Disasters

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

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 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

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

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

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

Locke Lord LLP

Texas General Land Office Releases Hurricane Harvey State Action Plan

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On April 10, the Texas General Land Office (“GLO”) released a draft of the State of Texas Plan for Disaster Recovery: Hurricane Harvey – Round 1 (the “State Action Plan”). The State Action Plan outlines the GLO’s proposed use...more

Gray Reed

The Storm After the Storm

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Just as the Texas coast assessed the magnitude of Hurricane Harvey’s damage, Hurricane Irma was taking shape in the Atlantic. Fewer than two weeks later, Irma would crash into the Florida Keys. Estimates put Harvey and Irma’s...more

Kilpatrick

Post Harvey – Homeowners Face Additional Hurdles in Pursuing Claims

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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

Downey Brand LLP

A Quick Look at What's Ahead on the Water Infrastructure Front

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I often joke with my clients that following issues too closely at the federal level can result in whiplash. To that regard, it has been a very active summer in Washington, DC on the water infrastructure front. Here’s a rapid...more

Baker Donelson

Congress Passes Government Funding Measures

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On December 21, Congress passed a bill to continue funding the government through January 19, 2018, averting a potential government shutdown ahead of the December 22, 2017, deadline for the previous funding measure. The House...more

Locke Lord LLP

Insurers Brace for a Texas-sized Assessment for FAIR Plan Members

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At its recent December 11th meeting in Corpus Christi, Texas, the Governing Committee of the Texas FAIR Plan Association (TFPA) is reported to have approved an assessment for its insurance company members of over $64 million...more

Locke Lord LLP

2017 Hurricane Season the Costliest on Record

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The 2017 United States Atlantic hurricane season, which officially ended on November 30, was the most expensive ever according to one report. Disaster modelers Chuck Watson and Mark Johnson concluded that total damages for...more

Zelle  LLP

When a Business Entrance is Blocked: Ingress/Egress Coverage in the Wake of Hurricane Harvey and Irma

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As businesses and insurers recover from the devastation of Hurricane Harvey and Hurricane Irma, it may take time to fully assess the effects of these storms on a business’s bottom line. Invariably, however, the scale of these...more

Baker Donelson

Three Questions on Disaster Response with Ernie Abbott, Of Counsel, Baker Donelson

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What is the status of funding for rebuilding after the recent disasters in Florida, Georgia, Texas, Puerto Rico, and the U.S. Virgin Islands, and what can we expect moving forward? After each of the big disasters that have...more

Polsinelli

Hospitals’ Obligations to Employees Withstand Natural Disasters

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Hurricane Harvey reminded hospitals that obligations to employees do not cease during or after horrific natural disasters. Hospitals should have a plan in place when preparing for a natural disaster, such as an inclement...more

Bradley Arant Boult Cummings LLP

$16 Billion Debt Cancellation Gives Breathing Space for National Flood Insurance Program

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

Bradley Arant Boult Cummings LLP

Trigger for Hurricane and Named Storm Deductibles

Recent damage from Hurricanes Harvey, Irma, and Maria have focused attention on special “named storm” and “hurricane” deductible endorsements found in most property insurance policies issued for coastal areas. Such...more

Gray Reed

Washed Away: What Rights Do You Have When Your Home is Flooded?

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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

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