Blog Archives

Instant Inverse

Until recently, inverse condemnation remained a relatively arcane area of California law. A spate of wildfires, spawning litigation by homeowners and their subrogating insurers, has breathed new life into this liability theory. Inverse condemnation is an eminent domain action initiated

Tagged with: , ,
Posted in Government Tort and Inverse

Looking to the Constitution for Recovery Options Due to Seasonal Flooding

Earlier this year, Houstonians awoke to find most of their city underwater. This month, South Carolina experienced torrential rains that were so severe that—in some areas—the total rainfall exceeded the expected rain totals for a 1 in 1,000 year storm.

Tagged with: , , , , , ,
Posted in Government Tort and Inverse

Maryland’s Riot Act: Subrogation Potential for Property Damages Occurring During Riots

On April 27, 2015 protests in Baltimore, Maryland regarding the death of Freddie Gray escalated into violent riots. These riots resulted in extensive and significant property damage throughout the city. Often, such damages are covered by insurance companies that insure

Tagged with: , , , ,
Posted in Damages, Government Tort and Inverse

If A Tree Falls And No One Hears It, Does Inverse Apply?

Confronted with a bevy of wildfire and flood claims, public and private utilities frequently contend that the instrumentality responsible for causing damage does not constitute a “public use” required for an inverse condemnation claim. The California Court of Appeals, Second

Tagged with: , , , , , , ,
Posted in Damages, Government Tort and Inverse
Subscribe To Our Posts

Email:

Recent Comments
    Cozen O’Connor Blogs