Wednesday, October 10, 2018

Hurricane Michael: Concurrent Causation in Florida

Hurricane Michael is making landfall in the panhandle of Florida as a wildly unexpected Category 4 hurricane. There will unquestionably be damage to structures caused by both storm surge/flood and wind. To the extent that one of the causes (e.g., storm surge/flood) is excluded and one cause (e.g., wind) is covered, this will inevitably lead to disputes over causation and the application of the concurrent causation doctrine.

Hurricane Michael First Party Property Claims Checklist for Georgia

On October 9, 2018, in anticipation of Hurricane Michael pushing through the panhandle of Florida and impacting the lower half of Georgia, Governor Nathan Deal issued a State of Emergency for most of the counties in the southern half of the state. Based on the size and intensity of Hurricane Michael as it makes landfall in Florida, it is likely that many of those counties will encounter intense winds and significant rainfall.

Hurricane Michael First Party Claims Checklist for Florida

On October 7, 2018, Governor Rick Scott issued Executive Order 18-276 officially declaring a state of emergency in 26 counties including Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson, Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, and Citrus counties in response to potential landfall from Tropical Storm Michael. On October 8, 2018, Governor Scott issued Executive Order 18-277 which recognized the then Tropical Storm Michael would likely strike the Florida panhandle as a Hurricane and extended the previous Executive Order to include Baker, Union, Bradford, Alachua, Hernando, Pasco, Pinellas, Hillsborough, and Manatee counties.

Tuesday, September 25, 2018

Should We Reclassify the Biggest CATs?

Typhoon Mangkhut, a Category 5 storm that ravaged the Philippines and China earlier this month, got us thinking about just how bad typhoons and hurricanes may become if the predictions of climate scientists continue to be proven accurate.  We’ve all seen the claims that a warmer atmosphere and warmer ocean waters will lead to stronger storms, higher winds, greater storm surge, and more rain and flooding.  Typhoon Mangkhut and Hurricane Florence seem consistent with those predictions, and Mangkhut may even call into question whether a new level of storm classification will be appropriate in the future.

Wednesday, September 19, 2018

Hurricane Florence- Fears of Pollution From Flooded Ash Dumps and Hog Farms

The flooding that has accompanied Hurricane Florence raised concerns about pollution from flooded ash dumps and hog farms. With confirmation of at least one failure of an ash dump and the breach of a lagoon holding hog waste, those concerns have become a reality. How this pollution may impact first party property claims remains to be seen.

Tuesday, September 18, 2018

Hurricane Florence - Contingent Business Interruption Claims Reaching Far Beyond Its Outer Bands

The devastating impact of Hurricane Florence may be felt well beyond North and South Carolina Boasting over 460,000 manufacturing workers, North Carolina has the largest manufacturing workforce in the Southeast, and the 10th largest in the U.S. Manufacturing accounts for 20 percent of the state’s GSP, fifth-highest in the nation. North Carolina is home to more than 290 automotive manufacturing establishments and a workforce of over 26,000. North Carolina’s automotive manufacturing industry grew 25 percent in the past five years.

Monday, September 17, 2018

Hurricane Florence: Civil Authority and Ingress/Egress Coverage in North and South Carolina

The evacuation orders issued in both North and South Carolina in advance of Hurricane Florence and the extensive flooding following its landfall will no doubt give rise to business interruption claims. Typically, coverage for these claims will fall under coverage for “civil authority” or “ingress/egress.”  Coverage for “civil authority” is usually an extension of coverage with similar language to the following: