Archives: Hurricane Ike

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The Nuts and Bolts of Louisiana Statute of Limitations on Property Insurance Claims

Continuing with my nuts and bolts series on the statute of limitations, I’ve selected the boot of the Gulf Coast states, Louisiana. Louisiana has been hit hard in past years by the likes of Hurricanes Katrina, Rita, Ike, and other named wonders of weather. Due to the numerous claims made in recent years, Louisiana enacted … Continue Reading

Tornadoes, Tornadoes, Tornadoes

(*Chip Merlin’s Note–Rocco Calaci has been a noted meteorology expert witness in the Katrina Legal Wars. Click here to read his previous guest blogs) Tropical Storm / Hurricane / Tropical Storm Isaac is gone, but it generated numerous tornadoes along the East Coast; from Florida to the Carolinas, in Alabama, Mississippi and Louisiana. In my … Continue Reading

Third Party Beneficiary Status Under a Force-Placed in Texas

Banks and mortgage companies regularly buy what is known in the insurance world as “force-placed” insurance coverage. This type of coverage protects a mortgagee’s interest in the property should no other insurance coverage apply. In other words, force-placed insurance ensures that a property is covered, regardless of the circumstances. Most force-placed policies are made between … Continue Reading

Texas Federal Court Rules that Certificate of Insurance Holder Not Entitled to Benefits of P

In Bender Square Partners v. Factory Mutual Insurance Company, Bender Square Partners sought to recover for losses it suffered as a result of Hurricane Ike to one of its properties it leased to PNS Stores, Inc. According to the Plaintiff, the amounts it sought to recover were covered under a Commercial Property Insurance Policy that … Continue Reading

Federal Court in Texas: No Business Interruption Coverage for Insured’s Reduced Operations After Ike

In H&H Hospitality L.L.C. v. Discover Specialty Ins. Co., No. 10-1886 (S.D. Tex. Dec. 20, 2011), the U.S. District Court for the Southern District of Texas granted summary judgment in favor of a commercial property insurer in an action brought by an insured motel owner for wrongful denial of a business interruption claim arising from … Continue Reading

A House [Still] on the Beach, Literally

Last November, in A House on the Beach, Literally, I wrote about the Texas Supreme Court decision in Severance v. Patterson, 09-0387, 2010 WL 4371438 (Tex. 2010), reh’g granted (Mar. 11, 2011), in which the Texas Supreme Court held that public beach rights could not “roll” up over private property rights when a hurricane or … Continue Reading

Insurable Interest Raised in Hurricane Ike Claim in Texas

The first chapter of my Insurance Law textbook from law school was about the history of insurance. It set the stage for the next chapter on the insurable interest, one of the fundamental principles in insurance law. The term “insurable interest” is actually quite self-explanatory. In order to obtain insurance on something, one must have … Continue Reading

The Top Five Commercial Hurricane Ike Damage Claims Disputes

Back in October of 2010, I had the privilege of attending the 15th Annual Insurance Law Institute in Austin, Texas. Over the course of the program, I listened to varying opinions on both sides of the insurance debate. Attorney James K. LaRoe, of Dallas, Texas, compiled a list of the top commercial hurricane damage claim … Continue Reading

Slabbed Class Action Settlement Approved in Texas

Texas Judge Susan Criss signed an Order this morning approving the settlement of the slabbed cases from Hurricane Ike. She made the following findings: 4. The Court finds that the Settlement was negotiated at arm’s length by Plaintiffs’ counsel and TWIA’s counsel. The Settlement is reasonable in light of the uncertainty as to whether the Class … Continue Reading

Sinkholes Remain in the News While Eyes are on Hurricane Earl

Since 2004, the majority of our law firm’s large insurance battles have focused on hurricane loss insurance disputes. It is not surprising that we are getting phone calls from people asking whether our firm will open offices somewhere between North Carolina and Boston as Hurricane Earl is projected to hit that area. I was surprised by a … Continue Reading

Safe is Better than Sorry When Predicting Texas Statute of Limitations

The Statute of Limitations is defined as the time period within which you must file a lawsuit. Unsurprisingly, there appears to be some confusion over when the statute of limitations runs out against the victims of Hurricane Ike, and public adjusters are not the only ones confused – many lawyers are unsure as well. There … Continue Reading

Texas Windstorm Insurer Settles 2,400 Hurricane Ike Slab Claims

The Galveston Island and Bolivar Peninsula slab cases are settling. There was an agreement between the Texas attorneys that nothing would come out in the press until the clients signed the agreements. Since even the Texas Windstorm Insurance Association (TWIA) participated with a press release, I assume that the gentlemen’s confidentiality agreement to wait on … Continue Reading

Back on the Texas Ranch-Hurricane Litigation and Settlement Discussions are Raging

The Texas hurricane insurance coverage disputes caused by Hurricane Dolly and Hurricane Ike are fully engaged. Texas’ two year statutes of limitation are approaching. New law suits are being filed, pending lawsuits are being set for trial, settlement conferences are causing great frustration, and the discovery battles between insurance counsel and policyholder counsel are considerable … Continue Reading

TWIA Texas Slab Depositions Get Started Today

Today’s deposition of Professor William Spelman starts a series of depositions in the Texas slab cases involving TWIA. Several weeks ago, policyholder attorneys, including myself, met in Galveston to organize a series of depositions and decide upon the work assignments for these cases. This will be the first of many depositions and discovery attempts by policyholder … Continue Reading

Preparation For TWIA Depositions Are Underway

A recent order from Galveston County regarding the TWIA litigation specifically names the TWIA representatives who will be deposed and the manner in which the depositions will take place. Suffice it to say that it is no easy challenge preparing for these depositions (see attached order). As members of the Plaintiff’s Ike committee, the members … Continue Reading
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