News & Analysis as of

Severe Weather

Florida Argentum Reports That Appeals Court Strikes Down Emergency Stay in Generator Case

Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more

Appeals Court Strikes Down Emergency Stay in Generator Case

Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

National Flood Insurance Program Reauthorized Through December 8, 2017

by Carlton Fields on

On September 8, 2017, Congress passed legislation extending the National Flood Insurance Program until December 8, 2017. The program was set to expire at the end of September. ...more

Florida's Emergency Generator Rules Invalidated

by Baker Ober Health Law on

On Friday, Judge Garnett W. Chisenhall, a duly-designated administrative law judge of the Florida Division of Administrative Hearings, issued a ruling invalidating emergency rules requiring all Florida nursing homes and...more

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

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

Telecommuting Policies When Inclement Weather Strikes

As my great-grandfather would always say: “Expect the unexpected so when it reaches you you’re not surprised.” Good advice generally . . . but especially today. . . given the chaos caused by recent major weather events. ...more

Flood Exclusion Unambiguously Excludes Coverage For $49.5M In Hurricane Sandy Losses Caused By Storm Surge

by 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

Insurance News - Part II: FAQs for Restoring Order After the Wind and Rain Have Gone

by Cohen & Grigsby, P.C on

Recent experiences have demonstrated that commercial policyholders who document their losses and seek to pursue coverage promptly and diligently will stand the greatest chance of maximizing their insurance recoveries for...more

Insurance News - Part I Frequently Asked Questions

by Cohen & Grigsby, P.C on

As we recover from Hurricane Irma, many of us are counting on help from our insurance companies to which we have paid hefty premiums. With this in mind, we have compiled a short list of frequently asked questions that you may...more

New Emergency Declarations Allow Extension of Development Approvals; Notification Deadline for Tropical Storm Emily Extensions...

by Akerman LLP on

Section 252.363, Florida Statutes, allows certain permits and authorizations to be tolled and extended due to a state of emergency, if the permit holder files a particular notice with the agency or government which issued the...more

Texas Department of Insurance Cautions Insurers Against Unauthorized Market Withdrawals following Hurricane Harvey

by Locke Lord LLP on

On September 15, 2017, the Texas Department of Insurance issued a public bulletin concerning possible insurance company reductions in business following Hurricane Harvey. In Commissioner’s Bulletin #B-0031-17, the Department...more

Hurricane Disaster Relief

by Kelley Drye & Warren LLP on

President Signs Bill Granting Hurricane Disaster Relief - In the wake of the devastation caused by Hurricanes Harvey, Irma and Maria, President Trump recently signed the Disaster Tax Relief and Airport and Airway Extension...more

Subrogation Claims Arising From Dam Release Flooding During Hurricane Harvey

by Locke Lord LLP on

Hurricane Harvey was a Category 4 major hurricane that made landfall in southern Texas on August 25, 2017. Harvey is the wettest tropical cyclone on record in the United States with peak accumulations of 64.58 inches. Harvey...more

Playing it Safe At Special Events This Fall

by Howard Ankin on

Planning ahead and following safety tips for Chicago fall special events can prevent personal injuries. Special events that draw large crowds always increase safety risks....more

Devastation of Puerto Rico's Power Grid May Offer an Opportunity

by Burr & Forman on

Hurricane Maria left the entire island of Puerto Rico without power. About fifty-five percent of the nation’s transmission towers were destroyed, but about 90 percent of the entire distribution network is out of operation. ...more

Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation

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

FinCEN Provides Updated FBAR-Filing Relief To Victims of Hurricanes Harvey, Irma, And Maria

by Fox Rothschild LLP on

The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) today updated two previous notices regarding FBAR-filing relief to victims of the recent hurricanes. Extension filers have until January 31, 2018 to...more

Hurricane Irma: Florida Commercial Insurance Claims for Loss of Power Damages

by K&L Gates LLP on

Hurricane Irma left millions of businesses in the Southeastern United States without electricity for days and in some instances more than a week. This undoubtedly impacted the more than 2,000 aerospace and aviation companies...more

After Hurricane Irma, It May Be Property Owners Against Insurers

Hurricane Irma made a mess of Florida as it slammed into the Keys and pushed its way up the west coast, uprooting trees, destroying neighborhoods and costing lives. We all must now go forward and rebuild what is left....more

Texas Journalists Provide Early Warning, Dramatic Reports of Heroic Rescues During Hurricane Harvey

by Jackson Walker on

Texas has rarely seen a storm as destructive and vicious as Hurricane Harvey. It was an ill wind that blew little good. But the monster rain delivered by the storm did not obscure the bravery and compassion of Texans from all...more

Claims and Concurrent Causation Issues in the Wake of Hurricanes Harvey and Irma

by Wilson Elser on

Hurricanes Harvey and Irma delivered one of Mother Nature’s most powerful one-two punches in U.S. history. Harvey struck first. On August 25, 2017, the storm made landfall near the Texas Gulf Coast as a Category 4 Hurricane...more

Hurricane Maria Insured Losses Potentially as High as $85 Billion

by Locke Lord LLP on

Catastrophe-modeling firm AIR Worldwide estimates that Hurricane Maria caused up to $85 billion in insured losses. Puerto Rico is believed to account for more than 85% of this loss, with an estimated loss range between $40...more

The 2017 Atlantic Hurricane Season: Insurance Coverage for Harvey, Irma, Jose, and Maria

by Blank Rome LLP on

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

Beware of Federal Requirements when Selling or Leasing Facilities Funded by FEMA

by Baker Donelson on

As we are now more than ten years from the devastation of Hurricane Katrina and five from Superstorm Sandy, many applicants that received federal funding through the Federal Emergency Management Agency's (FEMA) Public...more

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