November 27, 2022

Volume XII, Number 331

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Hurricane Ian - Navigating Insurance Coverage

Hurricane Ian’s torrential rains and devastating storm surge (not to mention category 4 winds) have caused catastrophic damage, power and/or water outages, collapsed roofs, and business closures.  Despite preparations aimed at limiting the damages, once immediate health and safety is secured, individuals and companies alike will need to shift their focus to mitigating losses and repairing property damage. 

Based on past hurricanes of this magnitude, anticipated claims, ranging from individual automobile and homeowner’s insurance claims to corporate business interruption and other property damage-related claims, are likely to be measured in the billions of dollars, in aggregate.  While individuals and companies will be dealing with insurance claims long after the water has receded and the winds have calmed, actions taken now can have significant impact on potential insurance recovery later.

Policyholders should collect and review all potentially responsive policies to determine both their rights and obligations.  While specific terms often vary by policy, first and foremost, policyholders need to be sure to comply with any notice requirements.  Property policies routinely include short time periods for providing notice and proof of loss forms, including supporting documentation.  While insurers will often agree to extend proof of loss deadlines, policyholders need to be sure to comply with their obligations and obtain extensions, if necessary. 

Policyholders should also document and track their damage and storm-related losses, including any additional expenses incurred to mitigate losses.  Keeping clear records in real time helps advance insurance claims more quickly, reduces time associated with compiling claim backup data months after such costs or losses were incurred, and reduces the prospect of inadvertently failing to capture the full extent of extra expenses and losses.  Policyholders also should determine if any deductible applies to a potential claim, and if so, the size of the deductible to determine if a claim is worth pursuit.

For corporate policyholders, in addition to focusing on coverage for property damage such as collapsed roofs or water related damage, additional key coverage grants likely include business interruption coverage, contingent/dependent business interruption coverage, and utility service interruption coverage, among others.

Many corporate policyholders are increasingly familiar with business interruption and contingent/dependent business interruption coverage because these coverage grants have also been the focus of COVID-19-related insurance claims.  In general, business interruption coverage insures loss of income or profits due to suspended operations as a result of direct physical damage to covered property.  Relatedly, contingent/dependent business interruption coverage is intended to cover lost income and reimburse additional expenses associated with interruption to a policyholder’s supply chain or interruption related to an event away from the policyholder’s premises that prevents the policyholder’s operations. 

Insurers have asserted a lack of direct physical damage to property in an attempt to deny COVID-19 related claims (assertions which are the subject of extensive insurance coverage litigation), but given the nature of Ian’s damages, this potential barrier to coverage should not apply to most business interruption claims associated with this storm.  However, other policy provisions, such as potential limitations related to Named Storms, will likely require detailed analysis.  

Finally, in general, utility service interruption coverage provides coverage for loss associated with a lack of incoming utility services caused by a covered cause of loss to property away from the policyholder’s premises—for example, a utility’s power station.  Given the extensive power outages, this coverage grant may be of significant importance to policyholders. While this is not an all-encompassing list of coverages that may apply to this catastrophic storm or immediate actions to be taken, and the scope of potential coverage will be driven by specific policy language, it is clear that policyholders have substantial insurance assets likely to respond to these claims and help mitigate losses. 

© 2022 Gilbert LLPNational Law Review, Volume XII, Number 273
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About this Author

Jason Rubinstein Civil Litigation Attorney Gilbert Law Firm
Partner

Jason is an experienced litigator who represents clients in commercial disputes. He has represented companies, post-bankruptcy trustees, trustees and individuals in insurance litigation in both state and federal courts and alternative dispute resolution proceedings.

Jason’s practice focuses on complex insurance coverage litigation and consultation. He has experience with various lines of insurance, including general liability, environmental, property, directors and officers liability, errors and omissions, product recall, contaminated products,...

202-772-2233
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