New Jersey’s highest court heard arguments Monday in the appeal of a ruling that the New Jersey Transit Corp.’s (“NJ Transit”) insurers are required to insure $400 million of water damage loss caused by Hurricane Sandy.

The matter stems from an insurance claim NJ Transit made after the super storm rocked the East Coast in 2012. NJ Transit claimed over $400 million in losses as a result of damage to its tracks, bridges, tunnels and power stations. In response, its tower of property insurers took the position that a $100 million flood sublimit applied to limit NJ Transit’s recovery under its insurance tower, not the policy’s $400 million overall limits.
Continue Reading New Jersey Supreme Court Hears Insurers’ Bid to Overturn a $400M Decision

In the first part of a 3-part series, the Hunton insurance team discusses how policyholders can plan for this year’s hurricane season. Part 2 will address how to prepare a claim after a loss in order to maximize the potential recovery, including by taking photographs of any damage and tracking curfews that affect your operations.  Part 3 will discuss how to prevent denials of pending claims based on suit limitations periods.  The team’s goal is to provide a comprehensive outline that will guide policyholders before and after a loss.

Continue Reading Hunton Insurance Team Helps Policyholders Prepare for the 2019 Hurricane Season, Part 1 of 3

Insurance companies can become insolvent. This is an ongoing issue in Puerto Rico following hurricanes Irma and Maria. In addition to Real Legacy Assurance Company’s insolvency, Puerto Rico’s Insurance Commissioner reportedly fined various insurers for delays in handling claims. Even if your insurance company is insolvent, it may have purchased reinsurance. While the general rule

Following the devastation of Hurricane Irma, the Florida Office of Insurance Regulation has entered an emergency order regarding insurance procedures for residential property policies to assist policyholders and streamline the claims process. The insurance commissioner’s order provides standardized requirements for claims reporting, grace periods for payment of premiums and performance of other duties by policyholders, and temporary postponement of cancellations and non-renewals. These include:

Continue Reading Florida Office Of Insurance Regulation Enters Emergency Order Regarding Hurricane Irma Claims

Hunton & Williams’ Insurance Recovery Team Head, Walter Andrews, was spotlighted in an article published in the Houston Chronicle last week regarding insurance for losses from Hurricanes Harvey and Irma. While the storms were devastating in their own unique ways – Harvey with extensive flooding; Irma with extreme wind and storm surge – both

Hunton insurance lawyers Michael Levine, Syed Ahmad and Katherine Miller discuss how Hurricanes Harvey and Irma highlight the need for contingent business interruption insurance and why companies with this coverage should be considering how to obtain its benefit for income losses resulting from the recent storms. The article was published this morning in Risk Management.

With hurricane season in full swing, policyholders should keep an eye on the Texas Supreme Court for a decision that may impact future recovery efforts. On Tuesday, October 11, 2016, the Texas Supreme Court heard oral argument in USAA Texas Lloyds Co. v. Gail Menchaca, Case No. 14-0721, regarding whether a jury’s award of damages for the insurer’s failure to conduct a reasonable investigation (in violation of the Texas Insurance Code) could stand despite the jury’s finding that the insurer did not breach the insurance policy.

Continue Reading Texas Supreme Court To Determine Whether Insurer Liable For Wind Damages Despite Having Not Breached The Policy