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Property Damage Wind Damage

Marshall Dennehey

Court Rules the More Reasonable Interpretation of the Term “Hurricane Occurrence” is the Loss Had to Have Been Caused by the...

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Florida Farm Bureau General Insurance Company v. Richard and Nancy Jones; Florida 5th DCA, 5D23-0376 - Florida Farm Bureau General Insurance Company (Farm Bureau) appealed an order granting summary judgment in favor of the...more

Morris, Manning & Martin, LLP

The Importance of Standards of Review: A Tornado Is Not a “Windstorm”

A recent Texas case shows the importance of providing clear and unambiguous policy language. In Mankoff v. PURE, the insureds negated an otherwise applicable deductible by successfully arguing that the term “windstorm” was...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

Baker Donelson

Hurricane Ian: An Anticipated Flood and Windstorm of Litigation Over Flood and Windstorm

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In late September of 2022, Florida was again at the center of a historic natural disaster when Hurricane Ian made landfall along the Lee Island Coast as a strong Category 4 storm, leaving behind a wake of devastation....more

Butler Weihmuller Katz Craig LLP

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising...more

White and Williams LLP

Hurricane Ian: Discussing Wind-Water Disputes

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Most of the Florida homes in the path of Hurricane Ian lack flood insurance, posing a major challenge to rebuilding efforts, new data show. In the counties whose residents were told to evacuate, just 18.5 percent of homes...more

J.S. Held

A Guide to Wind Versus Water Assessments for Property Damage Claims

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Since 2016, the United States has had at least one landfalling hurricane each year and a total of 19 landfalling hurricanes. According to the Insurance Information Institute, five of the top 10 costliest hurricanes have...more

J.S. Held

Storm Damage Repair Requirements: Identifying Damage & Applying the Building Code

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When performing inspections of buildings or structures after a catastrophic event, such as a hurricane, several types of damage conditions may be encountered. The unpredictability of storms can present many challenges when...more

Ward and Smith, P.A.

A Few Things You Should Know in Case of Windstorm Damage to Your Home or Building

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North Carolinians know when Hurricane season begins and ends; we know what a "spaghetti model" is; and we know who in our neighborhood has a generator!  But do we know enough about windstorm insurance policies and how to...more

Rivkin Radler LLP

Insurance Update - January 2022

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Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

Carlton Fields

The Hurricane is Coming in Five Days - Are We Ready for This?

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On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149...more

K&L Gates LLP

OnRisk: Business Interruption Insurance for Hurricane Losses

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In this episode of OnRisk, K&L Gates attorneys John Sylvester and Paul Fuener discuss business interruption insurance for hurricane losses, highlighting important steps that policyholders can take to protect their interests...more

Butler Weihmuller Katz Craig LLP

Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of...more

Carlton Fields

Navigating Florida Property Coverage Waters After Hurricane Irma

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As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more

Carlton Fields

Adjusting Claims in Florida Following Hurricane Irma

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As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance...more

Butler Weihmuller Katz Craig LLP

Important Lessons from Adjusting Hurricane Claims

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

Orrick, Herrington & Sutcliffe LLP

Hurricane Harvey Recovery Tips for Maximizing Coverage

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

Zelle  LLP

Concurrent Causation in Puerto Rico

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While Puerto Rico was spared a direct hit from Hurricane Irma, it was lashed by Irma’s wind and experienced significant amounts of rain that will likely lead to flooding. There may also be damages arising from storm surge...more

Robinson+Cole Property Insurance Coverage...

Texas Department of Insurance Issues Bulletins Relating to Hurricane Harvey

With flood waters yet to fully recede, and the cleanup and recovery efforts from the damage caused by Hurricane Harvey and its aftermath in southeast Texas just beginning, the Texas Department of Insurance issued a number of...more

Pillsbury Winthrop Shaw Pittman LLP

California’s Storms Are Not California Dreaming

- It is essential to keep track of deadlines mandated under policies. - Keep in mind that several types of insurance—not just property insurance—may cover flood and storm-related losses (such as property damage, loss of...more

Proskauer - Insurance Recovery & Counseling

New Jersey State Court Rules Damage Caused by Superstorm Sandy Not Subject to Flood Sublimit

In a decisive victory for policyholders, Judge Thomas Vena of the Essex County Superior Court in New Jersey ruled that significant damages incurred by Public Service Enterprise Group Inc. (“PSEG”) as a result of storm surge...more

Zelle  LLP

Texas High Court Clarifies Multiple Perils Coverage Scope

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Often damage to a building or structure can be the result of multiple perils. One of the most common examples is when a windstorm causes a building to sustain both flood and wind damage. Based on the policy language at issue,...more

Carlton Fields

Apartment Complexity: Appellate Court Sorts Out Multiple Coverage Claims for Construction of Uninhabitable Residence

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In QBE Ins. Corp. v. Adjo Contracting Corp. (N.Y. App. Div. 2d Dep’t Oct. 29, 2014), an intermediate appellate court in New York confronted cross-appeals involving 15 different insurers embroiled in multiple lawsuits,...more

Cozen O'Connor

Texas Supreme Court Accepts a Concurrent Cause and Ordinance or Law Matter Involving Hurricane Ike

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On October 3rd, the Texas Supreme Court granted a policyholder’s petition for review in a Hurricane Ike matter that potentially gives Texas’ highest court an opportunity to address several important insurance issues. They...more

Zelle  LLP

Scope Of Appraisal Continues To Be Problematic In Texas

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Despite the statement by the Texas Supreme Court in State Farm Lloyds v. Johnson that the scant precedent involving disputes about the scope of appraisal suggests that appraisals generally resolve such disputes,” both...more

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