Hurricane Harvey dumped 51 inches of rain on Texas and Louisiana in just six days. That’s 27 trillion gallons of water. Estimates have put the ultimate losses at $75 billion.[1] For those living in the Houston area, the experience of Harvey was like no other. There is no doubt that thousands of claimants will be filing claims with insurance companies for losses as a result of Hurricane Harvey.
This article addresses a handful of the coverage issues that are expected to arise because of Harvey. Texas courts have not directly addressed some or all of these issues, but there are decisions that have been rendered in the aftermath of natural disasters that provide guidance. We address a few of those issues related to flood exclusions, controlled reservoir releases, concurrent causation, business income reimbursement, and procurement claims.