Kevin T. Kavanagh Partner

     

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Publications

  • Replace, Cancel or Get Burned: Sandy’s Electrical Wiring Lesson for 2017 Hurricane Claims

    Electrical Wiring Damage: Sandy’s Lesson

    December 1, 2017

    State notification requirements for insurers in the aftermath of catastrophic storms highlight the need for prompt detection of compromised electrical wiring and prompt reporting of such a condition to the insured. If sufficient notice is not given, coverage may remain in effect, leaving the insurer exposed to potentially huge losses from ensuing fires.

  • Claims and Concurrent Causation Issues in the Wake of Hurricanes Harvey and Irma

    Claims and Concurrent Causation Issues

    September 28, 2017

    Under the doctrine of concurrent causation, a loss caused by multiple perils is recoverable when at least one peril is covered under the policy, even if multiple perils are excluded. Conversely, efficient proximate cause permits coverage only when a covered peril is the “leading” or “predominant” cause of the loss. Despite these important differences, which doctrine a jurisdiction employs may be inconsequential or immaterial if the jurisdiction views the doctrine as merely a default rule or if Valued Policy Laws may be invoked.

  • Hurricanes Harvey & Irma Spin a Web of Business Interruption Claim Issues

    Business Interruption Claims Post-Hurricanes

    September 13, 2017

    The sheer number of business interruption claims to come in the wake of Hurricanes Harvey and Irma will prove a monumental challenge for insurers. Understanding the basics of such coverage is critical when evaluating losses and errors and omissions litigation based on the likelihood of unsatisfied expectations of policyholders. 

  • Historic Rainfall in South Carolina Leaves Questions about Insurance Availability

    Insurance: South Carolina’s Thousand-Year Flood

    October 21, 2015

    While some South Carolina property owners and businesses may have flood insurance, it is likely many homeowners and businesses impacted by the 2015 thousand-year flood event never anticipated their properties could be flooded. Some estimates say damages will exceed $1 billion.

  • Preventing Litigation Over Coverage and Errors and Omissions Claims When Business Interruption Coverage Is Triggered

    What Basic Business Interruption Coverage Does and Doesn’t Do

    November 20, 2012

    The devastation of Superstorm Sandy will no doubt cause myriad business interruption claims in the Northeast and possibly throughout the United States due to contingent coverages. Clarity surrounding the parameters of this coverage is critical to managing policyholder expectations.

  • Sandy’s Perilous Aftermath

    Hurricane Sandy

    November 1, 2012

    As businesses and families that were caught in the path of Hurricane Sandy begin to survey the damage, insurers are feeling the first surge of many claims to come. Now’s the time to confer with Wilson Elser’s knowledgeable and adept insurance attorneys to be certain you’ve got all contingencies covered.

    This is the first in a series of alerts designed to provide you with clarity and understanding of the important and significant issues raised by this unprecedented crisis.

Additional Publications

“Judicial Scandal and the London Markets,” Wilson Elser Partners’ Meeting, October 2011