News & Analysis as of

Severe Weather Hurricane Harvey

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

Morgan Lewis

Failure to Prepare for Climate Change-Induced Extreme Weather: The Next Wave of Legal Exposure?

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In 2020, a growing number of lawsuits and other legal developments potentially associated with climate-driven impacts continued to challenge owners of permitted facilities, including energy infrastructure....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

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

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

Opportune LLP

A Year After Hurricane Harvey: Houston Oil & Gas Industry Remains Resilient

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August 25, 2017 marked the one-year anniversary when Hurricane Harvey made landfall near the town of Rockport, Texas as a Category 4 hurricane. The storm carried maximum sustained winds of 130 mph, dumped over 60 inches of...more

Zelle  LLP

Hurricane Harvey Flooding Continues to Muddy the Waters

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As Texas continues to rebuild in the aftermath of Hurricane Harvey, the extent of the damage Harvey left in its wake is just now being realized. To date, private insurers have seen more than 670,000 property insurance claims...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

Obermayer Rebmann Maxwell & Hippel LLP

Employer’s Guide to Navigating Mother Nature’s Fury – Avoiding Liability in the Wake of the Bomb Cyclone 2018

From the buried streets caused by last week’s “Bomb Cyclone,” to our lasting memories and ramifications of Hurricanes Harvey and Irma, we are reminded that mother nature’s fury packs a punch nationwide. Beyond employer...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

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

Locke Lord LLP

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

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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

Kelley Drye & Warren LLP

Hurricane Disaster Relief

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

Locke Lord LLP

Subrogation Claims Arising From Dam Release Flooding During Hurricane Harvey

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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

Robinson+Cole Property Insurance Coverage...

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

Fox Rothschild LLP

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

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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

Jackson Walker

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

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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

Blank Rome LLP

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

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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

Locke Lord LLP

Recent Hurricanes May Spur Reinsurance Disputes over “Hours” Clauses

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This hurricane season has packed a powerful punch to the south and southeastern United States and Caribbean Islands, causing widespread devastation that could take years to overcome and will surely have ripple effects...more

Locke Lord LLP

The ILS Market and its Future in the wake of the 2017 Hurricane Havoc

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Not since Katrina in 2005 have the mainland United States and U.S. Territory islands been witness to a Category 5 storm that resulted in widespread and costly devastation. Now, first Harvey, then Irma and Maria. What does...more

Troutman Pepper

Paying Employees During A Shutdown Due To Natural Disasters And Inclement Weather

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Q: Do I need to pay my employees if my company has closed or temporarily shut down operations due to a natural disaster or inclement weather? A: It depends. In the aftermath of Hurricanes Harvey and Irma, and in...more

Kelley Drye & Warren LLP

FCC Extends Regulatory Fee Filing Window for Those Regulatees Affected by Hurricanes Harvey or Irma

On Friday, the Federal Communications Commission’s (“FCC’s” or “Commission’s”) Office of Managing Director released a Public Notice extending the deadline to pay annual regulatory fees from 11:59 PM, September 26, 2017 to...more

Fox Rothschild LLP

IRS Announces Benefits Relief For Hurricane Victims

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In the wake of Hurricane Harvey, the IRS provided some employee benefits-related relief to plan sponsors and participants. That relief was then extended to the victims of Hurricane Irma....more

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