By Douglas Scott MacGregor
Published by American Bar Association Tort Trial and Insurance Practice Section
KF 1202. F5 M33 2023
According to the National Hurricane Center and the National Oceanic and Atmospheric Administration, the Atlantic hurricane season is approaching its peak of September 10. However, most activity happens between mid-August and mid-October, and historically, September is the busiest month for hurricanes in Texas. What all this means is that, despite the widespread drought in Texas, now is probably a good time to learn about the recovery for losses sustained as a result of flooding that could come from tropical storms, torrential rains, and storm drain overflows. Recognizing the need for a comprehensive treatise addressing the issue of recovery from flooding, attorney Douglas Scott MacGregor has written A Legal Guide to Recovering for Flood Losses. One major source of recovery from flood damage comes from insurance. Potential avenues include:
standard water damage exclusions and limitations;
standard property policies;
private flood insurance property policies;
FEMA standard flood insurance policies;
business interruption and related policies;
builder’s risk insurance;
boiler and machinery or equipment breakdown insurance;
commercial general liability insurance;
directors and officers insurance; and
automobile policies.
Tort law might provide another source of recovery for some. For instance, liability may result from a duty owed by insurance agents and brokers, commercial landlords or tenants, a governmental entity, and even weather forecasters who might owe certain individuals a duty of care.
If you’re looking to understand better the law of recovery for damages caused by floods, look at A Legal Guide to Recovering for Flood Losses. It is available in print at the Law Library and as an eBook through the LexisNexis Digital Library.