Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill
Concepts: Natural Disasters, Damage and Loss, Homeowner Insurance, Property Insurance, Risk Mitigation, Insurance Recovery
The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners.
As of Jan. 16, 2025, these wildfires have scorched more than 60 square miles, claimed at least 25 lives, and left 26 people missing. With more than 12,000 structures destroyed and tens of thousands displaced, the economic impact is estimated between $135 billion and $150 billion.
Joining me to discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. We also discuss a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact.
My guests are all from the long-time insurance recovery law firm of Anderson Kill. Dennis Artese is a shareholder in the New York office and is chair of the firm’s Climate Change and Disaster Recovery practice group. Marshall Gilinsky is a shareholder the firm’s Boston office and practices in the firm’s Insurance Recovery and Commercial Litigation groups, as well as its Restaurant, Retail & Hospitality Group. Joshua Gold is a shareholder in the New York office. He chairs the Cyber Insurance Recovery Group and co-chairs the Marine Cargo Insurance Group. He also handles directors and officers insurance and business income/property insurance matters.
If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.
Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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It's possible it could make this man smile. But let's not get ahead of ourselves.
Dennis has substantial experience in all phases of litigation, arbitration and property insurance appraisals, and has recovered hundreds of millions of dollars of insurance proceeds on behalf of policyholders in connection with a variety of property, builder's risk, commercial general liability, umbrella and excess liability, D&O, E&O, crime, and political risk insurance claims. Dennis also has extensive experience in litigating insurance broker malpractice cases and other general commercial litigation disputes, including construction-related disputes.
During his 20-year career representing policyholders, Marshall has recovered hundreds of millions of dollars for his clients, successfully litigating disputed claims under a variety of insurance products, including property and business interruption insurance, commercial general liability (CGL) insurance, errors and omissions (E&O) insurance, directors and officers (D&O) insurance and life insurance.
Marshall Gilinsky has represented clients on numerous high-stakes, complex insurance claims arising out of prominent losses such as 9/11, Hurricane Katrina, Superstorm Sandy and the “Big Dig” in Boston. He also focuses extensively on assisting clients that own and manage captive insurance companies, especially with respect to resolving coverage disputes between the captive and its reinsurers.
Josh's practice involves matters ranging from international arbitration, data security, directors and officers insurance, business income/property insurance, commercial crime insurance, admiralty, cargo, and marine insurance disputes. He has been lead trial counsel in multi-party bench and jury trials, and has negotiated and crafted scores of settlement agreements including coverage-in-place agreements.