The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. The virus has spread to every state in the United States prompting a variety of responses by federal, state and local governments. Those actions have included orders mandating or recommending social distancing, limiting the number of people who can be in a public venue, closure of restaurants and bars, except for delivery and takeout, stay at home orders and the closure of non-essential businesses.
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On April 24, 2019, the Florida Legislature passed a bill (SB 122/HB 7065) that makes significant changes to the assignment of benefits (“AOB”) process in Florida. Governor Ron DeSantis stated he will sign the bill into law. The effective date of the bill will be July 1, 2019, meaning that it will apply to assignments executed on or after July 1, 2019…
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In March 2019, a “bomb cyclone” struck the Great Plains, producing blizzard-like conditions, high winds, heavy rains, and causing historic flooding, primarily in eastern Nebraska and western Iowa. There was extensive property damage. Flood insurance is typically provided pursuant to the National Flood Insurance Program. Some private insurers provide flood coverage, but almost always with a sub-limit. Many private insurers do not provide flood coverage. This paper will first provide an overview of the “bomb cyclone”, the flooding that resulted, and estimates of the damages to date. We will then explore Nebraska and Iowa law regarding flood and surface water, as well as the enforceability of anti-concurrent cause language that is often included as part of an exclusion. Nebraska and Iowa have very few cases that discuss flood and surface water exclusions. Accordingly, we will also refer to a number of cases from other jurisdictions where courts have defined flood and surface water and determined whether those exclusions apply.
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Hurricanes Harvey and Irma have struck the United States causing damage to businesses. Companies have lost income because their facilities were physically damaged by wind and/or water. Some businesses may not have been directly damaged but have lost income because they could not access their operations for a period of time due to a government evacuation order and/or water in the area. If a company’s facilities were not physically damaged, but they could not access their operations, there might be coverage under an insurance policy under civil authority and/or ingress/egress coverage. This paper will provide an overview of such coverages.
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The recent historic flooding in South Carolina has caused extensive property damage. As a result, property insurers will face a myriad of coverage issues including the applicability of water exclusions and the enforceability of anti-concurrent cause provisions. Clark Schirle, a partner in Butler’s Chicago office, has extensive experience with these types of claims. His White Paper addresses key coverage issues that property insurers will face when handling these claims. The White Paper is an invaluable resource and guide to insurance professionals.
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