Forcing an insurer to pay a claim related to Hurricane Sandy may not be an easy proposition, but the first step is very easy: Businesses, homeowners and other policyholders that have known losses or anticipated losses should immediately provide notice of the loss to their insurers before any more time elapses.
The recent tragic events caused billions of dollars in damage up and down the East Coast. Some of these damages may be uninsured, but companies that suffered significant losses should never assume they have no coverage for loss of or damage to property, loss of business income, or lawsuits resulting from the storm. Indeed, not all policies contain hurricane or flood exclusions, and coverage for hurricane-related damage may exist even in the face of exclusions that the insurer claims precludes any recovery as there may be significant covered damages resulting from the hurricane’s wind, falling trees and objects, or other causes. Further, it may be the insurer, not the policyholder, that bears the burden of proving what damage was caused by the risk they say is excluded versus damage from other covered causes.
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