Practitioner's Guide to Storms and Insurance


Summary

This article is intended to guide lawyers representing policyholders making claims against their homeowners and commercial insurers for damages caused by storms such as 2022's Hurricane Ian. Damage may have been caused by wind, rain, flood, or some combination, which is often a matter of dispute and determinative of coverage. The article is also intended to assist counsel who represent insurers in defending policyholder claims. The issues for both may involve if the insurance policy was in force when the storm occurred and if a trigger of coverage was met, such as whether the policy covered the kind of event involved. Other issues may be whether a particular item of property was covered (e.g., would a homeowner's or an auto policy cover an electric car battery shorting due to exposure to water?), timely notice of the loss, or a dispute about the dollar amount of damages.