News & Analysis as of

Hurricane Sandy Natural Disasters Insurance Industry

Hurrican Sandy was a highly destructive storm system that ravaged parts of the Caribbean and Mid-Atlantic and Northeastern United States in October of 2012. The storm was responsible for over 100 deaths and... more +
Hurrican Sandy was a highly destructive storm system that ravaged parts of the Caribbean and Mid-Atlantic and Northeastern United States in October of 2012. The storm was responsible for over 100 deaths and billions of dollars worth of  damage.  less -
Carlton Fields

Opening The Pandora’s Box Of Flood Policies, Or How Filing Suit Against Flood Insurers Can Effectively Reduce The Suit Limitations...

Carlton Fields on

When is an insurer’s “Rejection of Proof of Loss” letter for flood insurance damage, which states on its face that it “is not a denial of your claim,” nevertheless a written denial of claim? According to the Third Circuit in...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

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

Zelle  LLP

The Dance of the Cyclones

Zelle LLP on

On August 7, 2017, powerful Typhoon Noru made landfall in Japan, lashing the island nation with heavy rainfall and maximum sustained winds near 75 mph. While the dangers associated with Noru ought not to be underestimated,...more

Robinson+Cole Property Insurance Coverage...

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

Robinson+Cole Property Insurance Coverage...

Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was...more

Pullman & Comley, LLC

Title Bout: Second Circuit Limits Parties’ Control Over Construction Of Policies

Pullman & Comley, LLC on

Like other contracts, insurance policies are divided into parts, and most of the parts appear under headings or captions. A separate contract term (known as a “titles clause” or a “headings clause”) sometimes specifies that...more

Carlton Fields

Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

Carlton Fields on

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and...more

Robinson+Cole Property Insurance Coverage...

Ambiguity And Ensuing Loss: The Second Circuit Affirms The Southern District Of New York’s Holdings In a $675 Million Superstorm...

In National Railroad Passenger Corp. v. Aspen Specialty Ins. Co., 2016 U.S. App. LEXIS 16074 (2d. Cir. Aug. 31, 2016), Amtrak sought the entire $675 million of available coverage from a number of its insurers for damages...more

Robinson+Cole Property Insurance Coverage...

A State Law Wolf in Federal Common Law Clothing: The Third Circuit Rejects Insured’s Attempt to Expand Causes of Action Under the...

Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the...more

Robinson+Cole Property Insurance Coverage...

New Jersey Federal Court Confirms Application of Anti-Concurrent Causation Language in Hurricane Sandy Lawsuit

Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country. As a quick reminder, an anti-concurrent causation clause is that...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Jan 17, 2014

N.Y. Court Rules In Deductible Battle For Flood Damage Caused By Sandy - Why it matters: The destruction left in the wake of Superstorm Sandy has resulted in a mess of insurance battles for policyholders as well. In a...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Dec 11, 2013

FEMA Clarifies Time Extension for Victims of Sandy - Why it matters: Given the unprecedented meteorological event known colloquially as “Superstorm Sandy,” the Federal Emergency Management Agency granted multiple...more

Pillsbury Winthrop Shaw Pittman LLP

Muddying the Waters on Policy Stacking Law: Perspectives on Insurance Recovery Newsletter – Summer 2013

In This Issue: - Federal Housing Finance Agency Proposes New Rules on Lender-Placed Insurance - J.P. Morgan Decision Curtails the Phantom “Restitution Defense” to D&O Coverage - Bad-Faith Claims ...more

Zelle  LLP

Far-Ranging Consequences Of Superstorm Sandy Legislation

Zelle LLP on

The damage and dislocation caused by Superstorm Sandy have triggered the recent passage of numerous bills by the New York Legislature. One of the most controversial governmental responses is embodied in two similar bills —...more

Cozen O'Connor

Connecticut Allows Insurance Department to Establish a Mediation Program for Claims Stemming from Catastrophe

Cozen O'Connor on

In February and March, New York and New Jersey instituted voluntary mediation programs for open and unresolved Superstorm Sandy insurance claims. On Friday, June 21, 2013, Connecticut’s Governor Daniel Malloy signed a measure...more

Patterson Belknap Webb & Tyler LLP

Hurricane Sandy - Paths To Relief

Many small and mid-size businesses in New York City suffered severe losses due to Hurricane Sandy. Below is a practical guide for business owners seeking relief. • Insurance. - The first place business owners...more

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