News & Analysis as of

Severe Weather Appeals

Marshall Dennehey

Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta

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Thomas A. Bouchard, Jr. v. Citizens Prop. Ins. Corp., Fla. 3d DCA, No. 3D12-2202, February 19, 2025 - Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Husch Blackwell LLP

Fifth Circuit Rules Bankruptcy Court to Abstain from ERCOT-Winter Storm Uri Case

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On January 5, 2023, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a decision from the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the...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

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

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In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Zelle  LLP

5th Circ. Insurance Case May Encourage Post-Appraisal Suits

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On Oct. 6, the U.S. Court of Appeals for the Fifth Circuit is set to hear oral arguments in Pearson v. Allstate Fire and Casualty Insurance Company. The case centers on statutory construction of Chapters 542 and 542A of the...more

Carlton Fields

New York Appellate Court Affirms Denial of Discovery Into Other Hurricane Sandy Claims

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In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more

Butler Snow LLP

Blame It on the Weather: Considerations for Litigation Involving Sovereign Immunity

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Sovereign immunity is a central feature in tort litigation against governmental entities, but its perimeters vary widely from jurisdiction to jurisdiction. In Mississippi, a governmental entity may be entitled to sovereign...more

Lowndes

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

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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

Lowndes

Appeals Court Strikes Down Emergency Stay in Generator Case

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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

Butler Weihmuller Katz Craig LLP

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Robins Kaplan LLP

When it Rains it Floods: California Rainstorms and Flood Insurance

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Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

Carlton Fields

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

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It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more

Pullman & Comley, LLC

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

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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

Cozen O'Connor

“Context Matters” – Tenth Circuit Holds Mudslide Not an Explosion Under Property Policy

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On August 29, 2016, the U.S. Court of Appeals for the Tenth Circuit affirmed a Colorado district court ruling that the sudden obliteration of a building in a 2013 mudslide did not constitute an “explosion” under a commercial...more

Cozen O'Connor

Florida to Decide What Test Applies When Concurrent Multiple Perils Cause a Loss

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For years, Florida courts have been seesawing between two different doctrines to determine whether there is coverage under a property policy when two perils – one excluded and one included — combine to cause a loss. Two...more

Cozen O'Connor

Seventh Circuit Holds Insured Entitled to a New Roof for Purely Cosmetic Hail Damage

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The Seventh Circuit is becoming a difficult venue for insurers. In November we reported that the Court of Appeals had held that the phrase “continuous or repeated exposure” in definition of occurrence meant that a continuous...more

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