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Natural Disasters Insurance Litigation

Alston & Bird

Insurance Insights for the Cold, Dark Winter Nights

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Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...more

Stoel Rives LLP

Wildfires, Property Insurance, and the Cost of Rebuilding Lives: Navigating the Legal Landscape

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In recent years, wildfires have become an increasingly devastating force, scorching landscapes and upending lives across California, Oregon, and Washington. The Los Angeles wildfires, in particular, have left a haunting...more

McGuireWoods Consulting

Governor Brian Kemp’s 2025 State of the State: Resilience, Progress, and Strengthening Georgia’s Future

On Jan. 16, 2025, Gov. Brian Kemp delivered his 2025 State of the State address to the Georgia General Assembly, highlighting resilience and progress while outlining an agenda to strengthen Georgia’s economy and quality of...more

Lewitt Hackman

Divorce Amidst Natural Disaster - Community Property and the Los Angeles Wildfires

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Divorce can be challenging under any circumstances, but when community property is damaged during legal proceedings, the challenges and stress can escalate significantly. Here in Los Angeles, we seem to face that possibility...more

Kennedys

[Webinar] Los Angeles wildfires: California fair claims handling - January 22nd, 11:00 am - 12:00 pm EST

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Join Kennedys Partners Erik Kowalewsky, Chad Pasternack and Shain Wasser for an insightful webinar on California’s fair claims settlement practices regulations, satisfying this year’s mandatory training requirement. Moderated...more

Procopio, Cory, Hargreaves & Savitch LLP

Understanding Business Interruption Insurance: What Those Impacted by the LA Fires Need to Know

The recent fires in Los Angeles have left many businesses grappling with significant disruptions. For business owners, navigating the aftermath of such a catastrophe often includes understanding how their insurance policies,...more

Kennedys

Los Angeles wildfires’ far-reaching impact on the insurance industry

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The wildfires in Los Angeles continue to rage and have destroyed or damaged more than 12,000 structures, mostly personal residences. Southern Californians will be impacted by the devastating aftermath for years to come. There...more

Buchalter

Help – I Just Lost My Home and/or Business Due to the Los Angeles Wildfires: Steps to Help Recover Your Insurance Benefits

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After experiencing devastation from this disaster, here is a short checklist of what you should do to help you recover all the benefits available to you under your insurance policies....more

J.S. Held

Forensic Meteorology in Insurance: How Do Certified Consulting Meteorologists Help with Storm Damage Claims & Disputes?

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Introduction: Three Key Components of Storm Damage Claims - Professional meteorology, as it relates to insurance claims handling and the litigation process, is becoming increasingly recognized, and the employment of...more

Zelle  LLP

Federal Court Correctly Concludes that a Simple Disagreement Between Experts Does Not Support a Claim for the Breach of the Duty...

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U.S. District Court Xavier Rodriguez of the United States District Court for the Western District of Texas recently issued a decision granting summary judgment for an insurance carrier in a first-party case involving alleged...more

Rivkin Radler LLP

November 2024 Insurance Update

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In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying. We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas...more

Zelle  LLP

Texas Department of Insurance Approves ZestyAI’s Severe Convective Storm Models

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Severe Convective Storms (“SCS”) are one of the most common and most damaging natural catastrophes in the United States. SCSs are intense atmospheric disturbances that can cause powerful winds, large hail, heavy rainfall, and...more

Pillsbury Winthrop Shaw Pittman LLP

How Your Business Can Weather Big Sur’s Latest Landslide

After heavy rains on March 30, 2024, a section of the southbound lane of famous Highway 1, which sits atop dramatic cliffs near Big Sur, collapsed and crumbled into the Pacific Ocean. The incident occurred near Rocky Creek...more

Cozen O'Connor

Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado

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In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....more

Woodruff Sawyer

Concurrent Cause Issues in Insurance: How to Unravel the Language

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Property insurance policies are complex legal contracts. That’s because the insurance industry has its own language and processes that can be subject to multiple interpretations. ...more

Butler Weihmuller Katz Craig LLP

Wind v. Flood in the Wake of Hurricane Ian

In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state.  The storm brought with it significant storm surge that caused substantial flooding.  The storm also was accompanied by...more

Butler Weihmuller Katz Craig LLP

Nuanced Aspects of Hurricane Claims: Civil Authority, Ordinance or Law, and Mobile Home Claims

The adjustment of hurricane claims sometimes involve discrete issues regarding either special coverages under insurance policies or different types of structures governed by a patchwork of federal and state laws....more

Butler Weihmuller Katz Craig LLP

Tips for Investigating Subrogation in Florida Following Hurricane Ian

Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end category 4 hurricane early on September 28, 2022 and made landfall later that afternoon. The areas where Ian...more

Cozen O'Connor

Fifth Circuit Resolves Split Over Chapter 542A Election of Liability for Agents

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In Advanced Indicator & Manufacturing v. Acadia Insurance Company, the Fifth Circuit resolved a thorny split in Texas federal district courts regarding Texas Insurance Code Chapter 542A by returning to a bedrock principle...more

Butler Snow LLP

Trends in Weather-Related Insurance Filings in Federal Courts

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The United States federal court system periodically publishes reports (called “Just the Facts”) addressing trends facing the federal judiciary. On November 16, 2021, the U.S. Courts released its latest “Just the Facts,”...more

Cozen O'Connor

When Better Late Than Never Isn’t Good Enough: Florida Federal Court Grants Summary Judgment For Insurer In Late-Reported...

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On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case...more

Cozen O'Connor

Louisiana Federal Court Upholds Applicability of Anti-Concurrent Causation Exclusion for Hurricane Damage

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In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more

Butler Weihmuller Katz Craig LLP

Florida’s Second DCA: Coverage Can Remain at Issue Even After Insurer’s Payment

A Florida appellate court recently made clear that the issue of insurance coverage can remain in dispute, even where an insurer has already paid out some benefits to an insured in connection with a claim.  Avatar Prop. & Cas....more

Chartwell Law

Plaintiff Maintains Initial Burden of Proof to Establish Causation in Hurricane Irma Claims

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Florida Statute §627.70132 allows an insured to make a claim for an alleged hurricane loss within three years of the event. This statute, however, is not a waiver of the insured’s initial burden of proof to establish...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

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