Court Dismisses All Downstream Addicks and Barker Reservoir Claims – Read the Federal Opinion Just Released Today
February 18, 2020
U.S. Court of Federal Claims Senior Judge Loren A. Smith dismissed all downstream Addicks and Barker Reservoir claims in an opinion just released this afternoon. Judge Smith writes, “[b]ased on the above analysis of both state and federal law, it seems clear to this Court that neither Texas law nor federal law provides plaintiffs with a cognizable property interest in perfect flood control in the wake of an Act of God. As the government cannot take a property interest that does not exist, and as the Corps cannot be held liable when an Act of God inundates a plaintiff’s real property with flood waters that the government could not conceivably have controlled, plaintiffs have failed to state a claim upon which relief can be granted.” Dkt. 203, Pg 18.
Hurricane Beryl hit the Texas coast as a Category 1 storm, early on the morning of July 8, 2024. It made a direct hit on Houston, knocking out power to millions and causing catastrophic damages to property. More than a month after the hurricane struck, the chopped up trees that fell on homes and in yards have still not all been picked up. Just like the debris, it will take time for people's homes and businesses to be properly repaired. However, insurance companies are required by law to act and pay insurance claims according to strict timelines, as I discuss here in this video.
The May 2024 Storms that tore through the Houston, Texas and surrounding area, cost 7-Billion Dollars of Property Damages. Here's three quick and easy tips from the Storm Counselor to keep in mind when dealing with property damage claims and insurance companies.
The Houston Bar Association’s Disaster Preparedness Committee interviews policyholder litigation attorney Jesse Corona of The Corona Law Firm on how everyone can make sure their insurance policies are prepared for the upcoming Hurricane / storm season.
The post Policyholder Litigation Attorney Jesse Corona Discusses Insurance Policy Preparation for Storm Season appeared first on The Corona Law Firm, PLLC.
According to a quick Google search, the origin of the phrase, “death by a thousand cuts,” is from a now-illegal form of execution in China called lingchi. Lingchi got its start in the tenth century and was in practice in China until it was banned in 1905. During this particularly gruesome form of torture and execution, [..]
The post Dallas Tornado Claims – How Recent Texas Legislation Helps Insurance Companies Deny, Delay, and Underpay Claims appeared first on The Corona Law Firm, PLLC.
In his December 17, 2019 opinion, U.S. Court of Federal Claims Senior Judge Charles F. Lettow writes, “the evidence demonstrates the Corps was aware or should have been aware since the initial construction of the dams and at every point onward, that the flood pools in the Addicks and Barker Reservoirs would at some point [..]
The post Read the Court’s Opinion – Army Corps found liable for flooding damage upstream of Addicks, Barker reservoirs appeared first on The Corona Law Firm, PLLC.
In a historic victory against the federal government on December 17, 2019, a U.S. Court of Federal Claims judge ruled the flood damage to homes and businesses above the Addicks and Barker reservoirs dams that span Harris and Fort Bend counties was a foreseeable result of government’s actions. The Houston Chronicle has the story.
The post Bellwether Court Victory for Harvey Victims – Army Corps found liable for flooding damage upstream of Addicks, Barker reservoirs appeared first on The Corona Law Firm, PLLC.
Texas Watch takes a look at four bills before the legislature at the Texas Capitol right now that will crack down on insurance carriers that take advantage of Texas families through gotcha policies, pressure tactics, and deny, delay, underpay schemes.
The post 2019 Texas Legislative Update: Four Responsible Auto Liability Bills to Help Texans appeared first on The Corona Law Firm, PLLC.
Texas Watch takes an honest upfront look on the outright attack by insurance companies and their special interest lobbyists on the rights of property owners in Texas. Update on claims eight months after Hurricane Harvey.
The post Insurance Lobbyists Destroy Your Property Rights appeared first on The Corona Law Firm, PLLC.
In addition to the traditional residential and commercial wind and flood claim stemming from Hurricane Harvey’s path of destruction in Houston, there is a new type of claim out there right now: folks hurt as a result of the U.S. Army Corps of Engineers’ release of reservoir water from the Addicks and Barker Reservoir. On [..]
The post Addicks and Barker Reservoir Flood Claims appeared first on The Corona Law Firm, PLLC.
You got to hand it to the good folks at the Texas Watch consumer advocacy group. Check out this video interview with Amarillo business owner Larry Rhea of Marsh Electric.
The post Hailstorm Bills Leave Texas Businesses in the Lurch appeared first on The Corona Law Firm, PLLC.
