Category: John E. Heintz

Resources for Hurricane Ida

Alan Rubin , John E. Heintz, and Jared Zola







In the aftermath of Hurricane Ida’s historic landfall on the Gulf Coast, and the subsequent destruction in several states in the south and along the Eastern seaboard, damage to life and property is still being assessed.

Hundreds of thousands of Louisiana residents are still without power, hampering rescue and recovery and endangering the health and welfare of the local population, including hospitals crowded with COVID-19 patients.

New York City subway and rail systems have been halted due to flooding, and public transportation and infrastructure has been impacted up and down the East Coast. Tornado damage and record flooding have been reported in Virginia, Maryland, Pennsylvania, New Jersey, Delaware, New York and New England.

Blank Rome’s interdisciplinary Severe Weather Emergency Recovery Team (“SWERT”) has developed the following resources for those in the path of the storm, or with business interests in the affected regions, which we encourage you to share with your contacts via e-mail and/or social media:

Please share this information with anyone who has been impacted by the storm. These resources and many more can be found at our website at blankrome.com/SWERT. Our team stands ready to provide assistance on FEMA and insurance issues to individuals and businesses who are preparing for, or are impacted by, this events.

For additional information, please contact:

Alan Rubin, Co-Chair, Severe Weather Emergency Recovery Team
John E. Heintz, Co-Chair, Severe Weather Emergency Recovery Team
Jared Zola, Severe Weather Emergency Recovery Team

Winter Storm Resources

Alan Rubin, Linda Kornfeld, and John E. Heintz







In the wake of two major winter storms and continuing frigid temperatures across much of the Lower 48, states of emergency have been declared for Texas, Oklahoma, and Louisiana, and state governments across the southeast United States are operating under their own emergency declarations.

These events are forcing evacuations to emergency shelters, and first responders are overwhelmed across several states. The storms’ impacts will be widespread in the days and weeks to come, including challenges involving property damage, business interruption, and travel disruption for a large part of the country.

As power is restored, it will be important to contact the Federal Emergency Management Agency (“FEMA”) and other state and local resources for assistance. In Texas, experts say the storms that left millions without power and water this week are expected to generate the most insurance claims stemming from a single event in state history.

Blank Rome’s interdisciplinary Severe Weather Emergency Recovery Team (“SWERT”) has developed the following resources for those affected by the storms, or with business interests in the affected regions, which we encourage you to share with your contacts via e-mail and/or social media:

Please share this information with anyone who has been impacted by the storms. These resources and many more can be found at our website at blankrome.com/SWERT. Our team stands ready to provide assistance on FEMA and insurance issues to individuals and businesses who are preparing for, or are impacted by, these events.

For additional information, please contact:

Alan Rubin, Principal, Blank Rome Government Relations
Linda Kornfeld, Partner and Vice Chair, Insurance Recovery Practice
John E. Heintz, Partner, Insurance Recovery Practice

Benchmark Litigation 2021 Recognizes Blank Rome Attorneys and Practices

Blank Rome LLP is pleased to announce that our practice groups and attorneys received the following high-level rankings and recognitions in Benchmark Litigation 2021. 

Practice Group Rankings

For the third year in a row, our Insurance Recovery practice group, which was named Benchmark Litigation’s 2020 Insurance Firm of the Year, was ranked Tier 1 nationally. This year, the group was also among three select firms notably ranked Tier 1 for Insurance in California.

In addition, our Firm was recommended for Dispute Resolution in the District of Columbia and Pennsylvania, and our Labor & Employment practice group was recommended in New Jersey and Pennsylvania.

Individual Attorney Rankings

Insurance Recovery

California

    • Mary Craig Calkins 
      • California – Litigation Star
      • Local Litigation Star

    • Linda Kornfeld 
      • National Practice Area Star
      • California – Litigation Star
      • Local Litigation Star
      • Top 250 Women in Litigation

New York

Washington, D.C.

    • Kyle P. Brinkman
      • 40 & Under Hot List – Northeast

    • John A. Gibbons – Insurance, Product Liability, and Recall
      • Local Litigation Star

    • John E. Heintz 
      • Local Litigation Star
      • National Practice Area Star

    • James R. Murray – Insurance, Product Liability, and Recall
      • Local Litigation Star
      • National Practice Area Star

    • Omid Safa 
      • 40 & Under Hot List – Northeast

Continue reading “Benchmark Litigation 2021 Recognizes Blank Rome Attorneys and Practices”

Wildfire and Hurricane Resources

Linda Kornfeld, John E. Heintz, and Alan Rubin







As the 2020 severe weather season continues unabated, our thoughts are with those dealing with multiple historic wildfires in the western states and on the West Coast, as well as with those awaiting the landfall of Hurricane Sally in the Gulf Coast tomorrow. The long-duration hurricane is expected to cause historic flooding and extremely dangerous storm surge. In addition, the National Hurricane Center has issued advisories on five tropical cyclones over the Atlantic basin; this ties the record for the greatest number of tropical cyclones in that basin at one time.

These unprecedented events are forcing evacuations, and may cause widespread damage, business interruption, and travel disruption for a large part of the country for days and weeks to come.

Blank Rome’s interdisciplinary Severe Weather Emergency Recovery Team (“SWERT”) has developed the following resources for those in the path of the wildfires and the storms, or with business interests in the affected regions, which we encourage you to share with your contacts via e-mail and/or social media:

Written by attorneys in our national Insurance Recovery practice who work with policyholder clients in the wake of property damage and business interruption losses.

Developed by Alan Rubin of Blank Rome Government Relations, who has years of experience working with FEMA in the aftermath of disasters.

Please share this information with anyone who has been impacted by the fires. These resources and many more can be found at our website at blankrome.com/SWERT. Our team stands ready to provide assistance on FEMA and insurance issues to individuals and businesses who are preparing for, or are impacted by, these events.

For additional information, please contact:

Linda Kornfeld, Partner and Vice Chair, Insurance Recovery Practice
John E. Heintz, Partner, Insurance Recovery Practice
Alan Rubin, Principal, Blank Rome Government Relations

California Corner: Resources for Those Impacted by California Wildfires

Linda Kornfeld, John E. Heintz, Alan Rubin

Communities and businesses throughout California are dealing with the serious, and for some, catastrophic effects of historic wildfires. The fires have devastated homes and businesses across a large swath of the state, and while their full impact is not yet known, they are sure to cause long-term disruption to individuals and families, residential areas, businesses and the economic health of the entire region. Our thoughts are with those affected by these events, and our interdisciplinary Severe Weather Emergency Recovery Team (“SWERT”) has prepared two resources that are immediately helpful to those in the affected areas: Continue reading “California Corner: Resources for Those Impacted by California Wildfires”

Insurance Coverage for Hurricanes: Insurers May Dispute “Causation”

Jared Zola, Linda Kornfeld, John E. Heintz, and Alan Rubin

Like the 2017 Atlantic Hurricane season before it, the 2018 season brought devastating storms to the United States. A prime example: One of the most powerful hurricanes on record to hit Florida’s Panhandle wreaked havoc in October 2018 and left a trail of devastation in its wake as it weakened to tropical storm status but still brought large-scale destruction to southeastern states.

Hurricane Michael made landfall on October 10 approximately 20 miles southeast of Panama City, Florida, with biblical 155 mph sustained winds, violent waves, and heavy rain. The extent of the damage in Florida is still being evaluated, but it is extensive to the naked eye. Two hospitals were evacuated. Many homes were destroyed, power lines were downed, cars and trucks overturned and destroyed.

It took weeks before roads were cleared and electricity was fully restored. Even once businesses reopened, the storm’s destruction prevented employees from traveling to work. In addition, municipalities reported decreased tax revenues from business closures. The economic impact of storm-related losses for businesses and municipalities combined will be significant. Continue reading “Insurance Coverage for Hurricanes: Insurers May Dispute “Causation””

Asbestos Coverage: A Never Ending Story

John E. Heintz

In April 1977, a few weeks before I began practicing law, senior claims executives of eighteen liability insurance companies met to discuss the insurance implications of asbestos bodily injury claims. A majority of those at the meeting concluded:

“. . . that coverage existed for each carrier throughout the period of time the asbestosis condition developed, i.e. from the first exposure through the discovery and diagnosis. The majority also contended that each carrier on risk during any part of that period could be fully responsible for the cost of defense and loss.” Continue reading “Asbestos Coverage: A Never Ending Story”

Insurance Recovery for Losses Related to Hurricane Harvey

Jared Zola, John D. Heintz, and Justin F. Lavella

 

 

 

Insurance for Property Damage and Business Interruption Losses

Businesses and communities throughout Texas and the Gulf Coast are bracing for the impact of Hurricane Harvey that is expected to wreak havoc this weekend. Harvey is unique because it quickly and unexpectedly transformed from what was predicted to be a smaller-scale storm to a Category 2 hurricane—and may be upgraded to Category 3 before it makes landfall. This transformation has left many major businesses and facilities in the storm’s expected path with significantly less time to prepare, and in some cases shutdown operation, than would ordinarily be expected. Continue reading “Insurance Recovery for Losses Related to Hurricane Harvey”

What’s the Insured Value of an Allowed Bankruptcy Claim? Pay-as-Allowed, Pay-as-Paid, and a Novel Variation

John E. Heintz and Kyle P. Brinkman

Bankruptcy of the insured does not relieve an insurer of its obligations under its insurance policy, including to pay covered liability claims held by creditors of the bankruptcy estate. Generally, for a creditor to obtain a distribution from the estate, the creditor must file a timely “proof of claim” in the bankruptcy proceeding, and the claim must be “allowed” by the bankruptcy court. Because a debtor’s assets are typically insufficient to compensate all creditors for the full allowed value of their claims, creditors usually are paid only a fraction of the dollar value allowed. Disputes have, as a result, sometimes arisen between debtor insureds or their successors on the one hand, and their insurers on the other, over whether the insurer is obligated to pay the allowed value of an insured claim (“pay-as-allowed”), or instead only the fractional amount the creditor actually would receive from the estate if there were no insurance coverage (“pay-as-paid”). Continue reading “What’s the Insured Value of an Allowed Bankruptcy Claim? Pay-as-Allowed, Pay-as-Paid, and a Novel Variation”

Insurance Coverage for Government Seizures of Property

John E. Heintz and John A. Gibbons

Many businesses and individuals are familiar with insurance that is available to pay for property that is taken by a private third party, be it a stranger, employee, competing business, or any other private actor. But what happens when a government entity or official “seizes” property? Businesses may not immediately think of insurance, but a number of forms of insurance may offer protection and reimbursement for the loss of the “seized” or taken property. Continue reading “Insurance Coverage for Government Seizures of Property”

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