Hurricane Insurance Coverage Disputes: Analyzing common issues, identifying ways to maximize coverage, and conducting a comprehensive insurance review

Marshall Gilinsky
Grant Brown
Kevin B. Dreher
Haley Hinton
Rachel E. Hudgins
Alice S. Weeks
Marshall Gilinsky | Anderson Kill
Grant Brown | Anderson Kill
Kevin B. Dreher | Barnes & Thornburg LLP
Haley Hinton | Barnes & Thornburg LLP
Rachel E. Hudgins | Hunton Andrews Kurth LLP
Alice S. Weeks | Hunton Andrews Kurth LLP

On-Demand: August 27, 2024

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3 hour CLE
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Program Summary

Session I - Hurricane Insurance Coverage Disputes: Analyzing common issues and identifying ways to maximize coverage - Marshall Gilinsky, Grant Brown

Every year, policyholders near coastlines face the possibility that a major storm will strike the area and cause extensive damage to their property and business. As Hurricane Beryl reminds us, these storms are becoming more powerful and occurring earlier and more frequently. Policyholders purchase property and business interruption insurance to protect them against these risks. Unfortunately, simply having a policy does not always guarantee that the insurance company will deliver as expected when a natural disaster strikes. Insurance companies often raise defenses to coverage or adjust claims at amounts that are unacceptably low. This presentation will discuss common issues that give rise to insurance coverage disputes, assess how courts resolve such disputes, and share some strategies designed to smooth out the claims process and maximize recoveries.

Key topics to be discussed:

  • Coverage for named storms, wind, water and flood
  • Business interruption coverage
  • Other time element extensions
  • Working with the insurance company in adjusting the loss
  • Deadlines

Session II - Conducting Comprehensive Insurance Reviews - Kevin B. Dreher, Haley Hinton

This session provides a detailed guide on reviewing insurance policies, with a focus on hurricane coverage. It covers identifying and addressing potential coverage gaps, evaluating policy limits and deductibles, and the importance of documenting and valuing assets. Participants will also learn strategies for effective communication with insurers and claims handlers, ensuring a thorough and informed approach to insurance management.

Key topics to be discussed:

  • Step-by-step guide to reviewing insurance policies, considering hurricane coverage
  • Identifying and addressing potential coverage gaps
  • Evaluating policy limits and deductibles
  • Importance of documenting and valuing assets
  • Strategies for effective communication with insurers and claims handlers

Session III – Legal Considerations and Claims Management - Rachel E. Hudgins, Alice S. Weeks

This session covers the post-loss presentation of a claim, including providing notice, working with adjusters, and documenting losses. It also covers common hurricane-related disputes between policyholders and insurers, including coverage issues, differing claims valuations, and the decision to retain counsel to handle any such disputes.

Key topics to be discussed:

  • Best practices for filing insurance claims
  • Common issues in the claims process
  • Responding to claim denials and disputes
  • Role of legal professionals in supporting clients through the claims process

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Marshall Gilinsky_FedBarMarshall Gilinsky | Anderson Kill

Marshall Gilinsky is a shareholder in Anderson Kill’s Boston office and practices in the firm’s Insurance Recovery and Commercial Litigation groups. During his 25+-year career representing policyholders, Marshall has recovered hundreds of millions of dollars for his clients, successfully litigating disputed property claims, and resolving many more without the need for litigation. Marshall has represented clients on numerous high-stakes, complex insurance claims arising out of prominent losses such as 9/11, Hurricane Katrina, Superstorm Sandy, the “Big Dig” in Boston and COVID-related business interruption losses.

Marshall frequently writes and lectures on a variety of topics of interest to professionals and practitioners in the insurance arena, and is frequently quoted in the press, including appearances in the The New York Times, The Wall Street Journal, National Law Review, CNN and Business Insurance, among others.

 

Grant Brown_FedBarGrant Brown | Anderson Kill

Grant Brown is an attorney in Anderson Kill’s New York office and a member of the firm’s Insurance Recovery Group. He represents corporate policyholders in a wide range of coverage disputes, including third-party matters involving coverage for tort claims, directors and officers and professional liability claims, and first-party coverage disputes for losses related to property damage and business interruption loss.

Grant has represented clients in matters including professional liability claims on behalf of accounting firms, law firms, private equity firms, and public officials; various disputes seeking worth tens of millions of dollars from Hurricane losses; and complex coverage litigation for alleged asbestos liabilities.

 

Kevin B. Dreher_Barnes & Thornburg LLP_myLawCLEKevin B. Dreher | Barnes & Thornburg LLP

Kevin is the Co-Chair of the Firm’s Insurance Recovery Practice and represents policyholders in a wide range of insurance coverage disputes, including long-tail environmental, toxic tort and asbestos, personal/advertising injury claims under general liability policies; losses stemming from natural and man-made disasters under first-party and business interruption insurance; D&O liability coverage; E&O and crime/theft claims; losses under ocean cargo marine and storage policies; Reps & Warranties claims; cyber losses; employment practices and media liability claims; and many more.

 

Haley A. Hinton_Barnes & Thornburg LLP_FedBarHaley Hinton | Barnes & Thornburg LLP

Haley represents companies, national sports teams and leagues, manufacturers, and other policyholders in claims related to mergers and acquisitions under representations and warranties policies, liability policies, long-tail environmental and toxic tort claims under general liability policies, and losses arising from COVID-19 and natural disasters under first-party and business interruption insurance.

 

Rachel E. Hudgins_FedBarRachel E. Hudgins | Hunton Andrews Kurth LLP

Rachel Hudgins is of counsel in the Atlanta office of Hunton Andrews Kurth LLP. Rachel works on behalf of policyholders and has recovered hundreds of millions of dollars on their behalf. She assists in the entire claims process, from presentation to negotiation and, if necessary, litigation in state and federal courts nationwide and in the U.S. territories. She has deep experience with hurricane claims. Following Hurricanes Irma and Maria in 2017, Rachel obtained her license to practice law in the U.S. Virgin Islands and served as lead counsel for multiple insurers in the consolidated hurricane claims litigation. She is a regular speaker at insurance industry conferences and author of insurance-related articles and chapters.

 

Alice S. Weeks_ FedBarAlice S. Weeks | Hunton Andrews Kurth LLP

Alice handles all aspects of insurance coverage and bad faith litigation and provides proactive counseling and coverage reviews for policyholders. She consults with corporate clients on coverage issues and provides advice regarding the type and level of insurance coverage needed based on their potential risks. Alice has experience handling first and third-party suits under various types of policies, including property, commercial general liability, directors and officers, equine mortality and major medical, cyber, and fidelity bonds.

Alice was named to Best Lawyers in America’s “Ones to Watch” 2022 and 2023 list for insurance law, the Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Professionals of South Florida 2022 list, and the Miami Dade Bar Young Lawyers Section’s 40 Under 40 2023 list. She was also named a Circle of Excellence winner for Insurance Litigation in 2023 by the Miami Dade Bar.

Agenda

Session I – Hurricane Insurance Coverage Disputes: Analyzing common issues and identifying ways to maximize coverage | 10:00am – 11:00am

  • Coverage for named storms, wind, water and flood
    • Sub-limits
    • Anti-concurrent causation (ACC) provisions
  • Business interruption coverage
  • Other time element extensions
    • Contingent business interruption coverage
    • Attraction property coverage
    • Civil authority coverage
  • Working with the insurance company in adjusting the loss
  • Deadlines
    • Proof of loss
    • Suit limitation provisions

Break | 11:00am – 11:10am

Session II – Conducting Comprehensive Insurance Reviews | 11:10am – 12:10pm

  • Step-by-step guide to reviewing insurance policies, considering hurricane coverage
  • Identifying and addressing potential coverage gaps
  • Evaluating policy limits and deductibles
  • Importance of documenting and valuing assets
  • Strategies for effective communication with insurers and claims handlers

Break | 12:10pm – 12:20pm

Session III – Legal Considerations and Claims Management | 12:20pm – 1:20pm

  • Best practices for filing insurance claims
  • Common issues in the claims process
  • Responding to claim denials and disputes
  • Role of legal professionals in supporting clients through the claims process
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