Tag Archives: Windstorm

“Credibility Determinations, The Weighing Of The Evidence, And The Drawing Of Legitimate Inferences From The Facts Are Jury Functions, Not Those Of A Judge…On A Motion For Summary Judgment”

This is a quote from a recent trial court order in a New York state case where Nationwide asked the judge to decide in its favor without submitting the case to the jury. Congregation Chesed L’Avraham d/b/a V’Kollel Ohel Moshe Society v. Nationwide Mutual Insurance Co., No. 19954/09 (N.Y.S. Sup.Ct. Kings County 2011). Since the … Continue Reading

Southern California Braces for More Strong Winds; Damage to Structure Interiors May Not Be Covered

Two weeks ago, Southern California experienced unusually strong Santa Ana winds which brought gusts up to 140 mph in some places. Southern Californians, particularly in the Pasadena area, were forced to clean up debris left by the storm. A staggering 18,000 tons of debris was cleaned up in Pasadena, which is the city’s normal total … Continue Reading

Practical Points From Gulf Coast Case Law Update

Adjusters hate to listen to lawyers pontificate about case law. I know because of surveys we have done asking adjusters what they want to get out of presentations and how they best can learn. Instead, adjusters want lawyers that are making presentations to explain the practical implications of how they can better do their job.… Continue Reading

Total Destruction Caused By Hurricane Wind and Flood May Be Covered Under the Additional Coverage of Collapse: Why Defining a “Hurricane” as a “Windstorm” is Significant

Insurance defense attorneys will not agree with this post. However, they fear the argument enough to falsely argue in some cases that a hurricane is not a “windstorm,” in order to avoid policy language that may provide coverage for total losses where wind and water combine to destroy a structure. As promised in yesterday morning’s … Continue Reading

The Insurance Industry Recognizes Hurricanes are “Windstorms”–An Important Admission

Zurich Insurance Company has a new web site, Zurich HelpPoint Windstorm. Zurich’s risk engineering and claims groups recently unveiled a micro-web site which provides Zurich customers and distributors with tools and information to help them prepare for, and recover from, “windstorm” events in North America. Some insurance company attorneys have been arguing that a “windstorm” is … Continue Reading

What Do Katrina, Ike, And The California Wild Fires Have In Common?

As the New York Times explained, mobile homes burn easily. Governor Arnold Schwarzenegger called for a review of building standards following the complete destruction of 500 manufactured homes in the Oakridge Mobile Home Park. California building officials have noted that building regulations must be strengthened to account for the wildfire hazards in California. Regulators asking … Continue Reading