PUBLISHED ON: April 27, 2022
- Court decisions in 2020, 2021 and 2022 in disputes over coverage for storm damage illustrate pitfalls and ambiguities concerning deductibles, sublimits, and causation of damage
- Ambiguity must be construed in favor of the policyholder, but courts often disagree on whether policy language is ambiguous
- ICYMI, Anderson Kill last year launched a Climate Change and Disaster Recovery Group that’s on the front lines in climate change-related coverage disputes
Climate change risks are at the forefront of virtually all policyholders’ minds, and for good reason. Hurricanes, tornadoes, wildfires and other perils associated with climate change are occurring more frequently and producing more damage than ever before.
In 2021, Anderson Kill launched its Climate Change and Disaster Recovery practice group, bringing together decades of experience in representing policyholders in complex property and business interruption claims as well as in connection with D&O liability issues that are now front and center in a variety of lawsuits against companies alleging, for example, misrepresentations concerning the company’s contributions to climate change. Most recently, Anderson Kill attorneys have been assisting their clients in recovering property insurance and business interruption proceeds stemming from Hurricanes Maria, Michael and Ida, California wildfires, and tornadoes in Kentucky, just to name a few.
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Robert D. Chesler is a shareholder in Anderson Kill's New Jersey office and is a member of the firm's Cyber Insurance Recovery Group. Bob represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs.
Dennis J. Artese is a shareholder in Anderson Kill’s New York office and chairs the firm’s Climate Change and Disaster Recovery Group. His practice concentrates on insurance recovery litigation, with an emphasis on securing insurance coverage for property and business interruption losses as well as for construction-related property losses and liability claims.
Jason Kosek is an attorney in Anderson Kill's New York office. He focuses his practice on insurance recovery, exclusively on behalf of policyholders, as well as on regulatory and white collar practice.