Category Archives: Legal Practice Areas

Texas Adds 20 Counties to the Presidential Disaster Declaration

Texas Adds 20 Counties to the Presidential Disaster Declaration

FEMA released the Presidential Disaster Declaration for 20 more counties Texas impacted by severe weather, tornados, and flooding the state has experienced since May 4th.

The Federal Emergency Management Agency released a statement regarding the Presidential Disaster Declaration for the State of Texas, adding twenty counties. The additional counties include: Bastrop, Blanco, Caldwell, Denton, Eastland, Fort Bend, Gaines, Guadalupe, Henderson, Hidalgo, Johnson, Milam, Montague, Navarro, Rusk, Smith, Travis, Wichita, Williamson and Wise. (This is in addition to Harris, Hays, and Van Zandt counties which received a disaster declaration late last month). As many may know the State has experienced severe storms, tornados, straight-line winds, and flooding since May 4th, and is still ongoing. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts.

Individual Assistance (Households and Businesses)

The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts. For specifics on what you may qualify for it is important to visit www.disasterassistance.gov or call 1-800621-FEMA (3362). The toll-free number will operate between 7AM and 9PM seven days a week until further notice. Below are summaries of the programs available, it is important to note though, you must apply to FEMA for the assistance, it is not an automatically applied for you.

Rental Assistance for Temporary Housing: Initial assistance may be provided for up to three months for homeowners and at least one month for renters.  Assistance may be extended if requested after the initial period based on a review of individual applicant requirements.

Home Repair/Fixture Replacement Grants: Grants for home repairs and replacement of essential household items not covered by insurance to make damaged dwellings safe, sanitary and functional.

Immediate Personal Property Replacement Grants: Grants to replace personal property and help meet medical, dental, funeral, transportation and other serious disaster-related needs not covered by insurance or other federal, state and charitable aid programs.

Unemployment Compensation: Unemployment payments up to 26 weeks for workers who temporarily lost jobs because of the disaster and who do not qualify for state benefits, such as self-employed individuals.

Low Interest Loans for Uninsured Losses: Low-interest loans to cover residential losses not fully compensated by insurance.  Loans available up to $200,000 for primary residence; $40,000 for personal property, including renter losses.  Loans available up to $2 million for business property losses not fully compensated by insurance.

Low Interest Small Business, Non-Profit & Agricultural Loans: Loans up to $2 million for small businesses, small agricultural cooperatives and most private, non-profit organizations of all sizes that have suffered disaster-related cash flow problems and need funds for working capital to recover from the disaster’s adverse economic impact.  This loan in combination with a property loss loan cannot exceed a total of $2 million.

Low Interest Agricultural Property Loss Loans: Loans up to $500,000 for farmers, ranchers and aquaculture operators to cover production and property losses, excluding primary residence.

Other Miscellaneous Assistance: Crisis counseling, income tax assistance for filing casualty losses, legal advice assistance, veteran’s benefits, and social security matters.

Public Assistance

Federal funding has also been made available for some local governments and select non-profits (on a cost sharing basis) for emergency work and repair/replacement of facilities damaged by the severe weather and flooding. Local governments and select non-profits can find out more about application procedures at the federal and state applicant briefings hosted by recovery officials in the near future. Local governments can apply for assistance in:

Cost Sharing of Expenses from Lifesaving Measures Taken: Payment of not less than 75 percent of the eligible costs for emergency protective measures, including direct federal assistance, taken to save lives and protect property and public health. Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis.

Cost Sharing of Repair/Replacement of Public Infrastructure: Payment of not less than 75 percent of the eligible costs for repairing or replacing damaged public facilities, such as roads, bridges, utilities, buildings, schools, recreational areas and similar publicly owned property, as well as certain private non-profit organizations engaged in community service activities.

Cost Sharing of Hazard Mitigation Projects During Recovery: Payment of not more than 75 percent of the approved costs for hazard mitigation projects undertaken by state and local governments to prevent or reduce long-term risk to life and property from natural or technological disasters.

Texas Receives Presidential Disaster Declaration

Texas Receives Presidential Disaster Declaration

FEMA released the Presidential Disaster Declaration for Texas early this morning due to the severe weather, tornados, and flooding the state has experienced since May 4th.

Early this morning, the Federal Emergency Management Agency released a statement regarding the Presidential Disaster Declaration for the State of Texas (which includes Harris, Hays, and Van Zandt counties). As many may know the State has experienced severe storms, tornados, straight-line winds, and flooding since May 4th, and is still ongoing. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts.

Individual Assistance (Households and Businesses)

Though damage assessments are ongoing (which may cause more counties to be added to the disaster declaration) the federal assistance programs have been made available for individuals in: (i) Harris, (ii) Hays, and (iii) Van Zandt counties. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts. For specifics on what you may qualify for it is important to visit www.disasterassistance.gov or call 1-800621-FEMA (3362). The toll-free number will operate between 7AM and 9PM seven days a week until further notice. Below are summaries of the programs available, it is important to note though, you must apply to FEMA for the assistance, it is not an automatically applied for you.

Rental Assistance for Temporary Housing: Initial assistance may be provided for up to three months for homeowners and at least one month for renters.  Assistance may be extended if requested after the initial period based on a review of individual applicant requirements.

Home Repair/Fixture Replacement Grants: Grants for home repairs and replacement of essential household items not covered by insurance to make damaged dwellings safe, sanitary and functional.

Immediate Personal Property Replacement Grants: Grants to replace personal property and help meet medical, dental, funeral, transportation and other serious disaster-related needs not covered by insurance or other federal, state and charitable aid programs.

Unemployment Compensation: Unemployment payments up to 26 weeks for workers who temporarily lost jobs because of the disaster and who do not qualify for state benefits, such as self-employed individuals.

Low Interest Loans for Uninsured Losses: Low-interest loans to cover residential losses not fully compensated by insurance.  Loans available up to $200,000 for primary residence; $40,000 for personal property, including renter losses.  Loans available up to $2 million for business property losses not fully compensated by insurance.

Low Interest Small Business, Non-Profit & Agricultural Loans: Loans up to $2 million for small businesses, small agricultural cooperatives and most private, non-profit organizations of all sizes that have suffered disaster-related cash flow problems and need funds for working capital to recover from the disaster’s adverse economic impact.  This loan in combination with a property loss loan cannot exceed a total of $2 million.

Low Interest Agricultural Property Loss Loans: Loans up to $500,000 for farmers, ranchers and aquaculture operators to cover production and property losses, excluding primary residence.

Other Miscellaneous Assistance: Crisis counseling, income tax assistance for filing casualty losses, legal advice assistance, veteran’s benefits, and social security matters.

Public Assistance

Federal funding has also been made available for local governments and select non-profits (on a cost sharing basis) for emergency work and repair/replacement of facilities damaged by the severe weather and flooding in: (i) Cooke, (ii) Gaines, (iii) Grimes, (iv) Harris, (v) Navarro, and (vi) Van Zandt counties. Local governments and select non-profits can find out more about application procedures at the federal and state applicant briefings hosted by recovery officials in the near future. Local governments can apply for assistance in:

Cost Sharing of Expenses from Lifesaving Measures Taken: Payment of not less than 75 percent of the eligible costs for emergency protective measures, including direct federal assistance, taken to save lives and protect property and public health. Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis.

Cost Sharing of Repair/Replacement of Public Infrastructure: Payment of not less than 75 percent of the eligible costs for repairing or replacing damaged public facilities, such as roads, bridges, utilities, buildings, schools, recreational areas and similar publicly owned property, as well as certain private non-profit organizations engaged in community service activities.

Cost Sharing of Hazard Mitigation Projects During Recovery: Payment of not more than 75 percent of the approved costs for hazard mitigation projects undertaken by state and local governments to prevent or reduce long-term risk to life and property from natural or technological disasters.

Read the Press Release on the Disaster Declaration here.

Visit FEMA’s Disaster Assistance Website here.

Visit a list of all assistance available for application on diasterassistance.gov here.

Federal Judge Rules Federal Government Liable for Some Flooding From Katrina

Federal Judge Rules Federal Government Liable for Some Flooding From Katrina

Judge Braden of the US Court of Federal Claims ruled that the United States is liable for at least some flood damage during Hurricane Katrina in 2005.

Judge Susan G. Braden ruled that the United States is liable for at least some of the flood damage caused in during Hurricane Katrina on August 29, 2005 from the failure of the Mississippi River-Gulf Outlet canal. The Mississippi River-Gulf Outlet–nicknamed MR-GO– was linked to flood damage in the Lower Ninth Ward in New Orleans and damage to the nearby St. Bernard Parish. However, Judge Braden’s decision set a mediation hearing for May 6, 2015 in an alternative measure to determine how much government would be liable for.

Judge Braden praised the U.S. Army Corps of Engineers for being “open, transparent and helpful in educating the court to understand what happened” while simultaneously critical of the Department of Justice for “pursuing a litigation strategy of contesting each and every issue”.

Most importantly, this case is the first instance where the federal government was found liable for damage associated with flooding from Hurricane Katrina. Prior claims have been generally unsuccessful due to the government’s immunity for claims resulting from failed flood control projects.

The initial case (in 2006) was brought in the Federal District Court, for the Eastern District of Louisiana seated in New Orleans, and ruled that because MR-GO’s purpose was for navigation, rather than flood control, the damage was different. The 5th Circuit Court of Appeals overturned the district court’s decision and the U.S. Supreme Court denied certiorari (to hear the case).

Judge Braden’s decision relied on Arkansas Game & Fish Commission v. United States, allowing the Akransas Game & Fish Commission to recover under the takings clause since “recurrent flooding, even if [limited in] duration, are not categorically exempt from Takings Clause liability.” Ark. Game & Fish Comm’n v. United States, 133 S. Ct. 511, 516 (2012).

Mr. Joseph Bruno, a New Orleans lawyer who lost the initial case before the District Court in New Orleans said that note next question is whether the lawsuit will be expanded into a class action lawsuit.

– Will

Read the New York Times Article here.

St. Bernard Parish Gov’t v. United States, 2015 U.S. Claims LEXIS 526 (Fed. Cl. May 1, 2015).

 

FEMA to Reopen Some Hurricane Sandy Claims

FEMA to Reopen Superstorm Sandy Claims

FEMA to reopen 144,000 flood insurance claims from Superstorm Sandy.

In March, FEMA Administrator Fugate agreed to reopen and review every one of the 144,000 flood insurance claims filed by victims of Superstorm Sandy. 2,200 of these claims are currently in litigation. The agreement comes from allegations that some insurance companies had denied thousands of claims after fraudulently altering engineering reports and that other insurance companies systematically underpaid claims in fear of backlash from FEMA.

So what happens? This announcement allows claimants an alternate means for dispute resolution. Mr. Charles Mathis IV of the Merlin Law Group thinks that going it alone would be tricky for policy holders though. “While FEMA is trying to be transparent and make things right, I don’t anticipate them handing over the claim,” Mathis said. “Part of the problem is two and a half years have passed and it’s going to be very difficult to determine the extent of the damage if people have made repairs. I do think there will be some folks that will need some additional assistance going through the process.” However, FEMA has yet to announce specific details of the resolution process.

What does this mean for the legal community and policy holders? FEMA’s agreement will allow Sandy victims who are non-litigants and believe their claims were unjustly denied or received insufficient payout to reopen their cases and have access to all entering reports. FEMA also agreed to contact claimants by mail and make them aware of the new process and opportunity for review.

In addition to the reopening of cases, FEMA is required to convene a Sandy Task Force today (April 13th) to begin evaluation of the National Flood Insurance Program specifically focusing on reforms. Administrator Fugate also pledged to make senior personnel changes at the National Flood Insurance Program.

– Will

Read more here

Does Renter Insurance Cover Flood Damage?

flood-insurance-101Does Renter Insurance Cover Flood Damage?

I had an extraordinary opportunity this week to talk to the residents of Trinity Bell Garden Apartment Homes in Fort Worth, Texas about severe weather and what they could do to prepare. In preparing for the presentation is that the apartment complex sits on the edge of a flood way. Many times in emergency management we are concerned about homeowners having flood insurance policies, but then we need to stop and ask the question “what about renters insurance?”

To make sure I had all my facts, I went ahead and called an insurance company to get an idea on what we were dealing with. To my surprise, renters insurance does cover flood damage; however, this is not true with all insurance agencies. Some agencies require a special rider be purchased to obtain coverage for flood damage, while others simply roll it into the overall policy agreement.

The big takeaway, and what I passed along this week, people who lease a home, apartment or storage unit need to have an open and honest conversation with their insurance agent about what coverage they have. Even better, is to get it in writing and take a look. If you don’t have flood insurance coverage and live within a floodway with even a small percentage chance of flooding, are you willing to take the risk of having your livelihood shattered by a flood and risk being denied by your insurance company?

I know, it’s another thing on the list of to-do’s that we all have, right behind getting more dog food and cleaning out the gutters, but it just might pay off in the long run. One idea is to sit down for a few hours one day each year (if it’s around a major holiday like new years it can help remind you to do it) and review all of your insurance policies to make sure you have the coverage you want, in the amount you want. It only takes a couple of hours, and it might help save you money with discounts or identify where there might be a gap in your coverage and save a headache later on when time counts.

– Will

To see if you may be in a floodway check out FEMA’s Flood Maps: Here

Here are a few links to Flood Insurance Policies:

  • USAA Insurance: Here
  • GEICO Insurance: Here
  • The National Flood Insurance Program: Here

New York Proposes Flood Insurance Program Alternative

New York Proposes Flood Insurance Program Alternative

This is an interesting development after Hurricane Sandy and the rising flood insurance premiums in the Northeast. The current National Flood Insurance Program is a federally run program that offers policies to individuals that specifically guard against floods. This is not a new idea though, many states, like Texas, have privately run Flood Insurance programs. However, the largest program is run by FEMA and this would be the first program of it’s kind in the State of New York. The question remains as to whether this will get more people to purchase Flood Insurance, especially in the wake of Hurricane Sandy and many insurance policies not covering its damage.

-Will

Read the full article: http://jpupdates.com/2015/03/02/assemblyman-goldfeder-reveals-plan-create-new-york-flood-insurance-association/

USS Mustin provides post-flood relief in Thailand