RECOVERY EFFORTS IN PROGRESS AFTER EF2 TORNADO DAMAGES PARTS OF ORANGE COUNTY, TEXAS

Tiana Johnson (KBMT) / 12 News Now

The surrounding areas of Interstate 10 and Highway 62 of Orange, Texas suffered from an EF2 tornado on the 27th of October. A disaster declaration was made by Judge John Gothia around 2 p.m. knowing that the southern areas of Highway 62 had severe damage. The tornado brough heavy rain, lightning, and winds of high speed also causing property damages and the debris to be spread throughout the City.

One Resident of Orange, Texas claimed that the roof of his warehouse had been ripped off by the wind during the tornado. The metal garage doors also imploded due to the high winds. There was a warehouse manager in the building during the incident, but no one was hurt. This resident also had a garage blow over and damaging the property. No one was home during the incident, but the family will have to relocate.

AUSTIN BUSINESSMAN NATE PAUL SUING AFTER STATE, FEDERAL OFFICIALS RAIDED PROPERTIES IN 2019

Larry D. Moore / Creative Commons license

After state and federal officials raided the property of an Austin, Texas finance investor, Nate Paul; Mr. Paul felt that his business reputation along with his business affairs had been damaged and compromised. Mr. Paul is claiming that the state and federal officials of Austin Texas violated his fourth and fifth amendment rights when FBI agents and the Texas State Securities Board searched his home, storage facilities, and World Class Holdings Office. Mr. Paul is claiming that the investigators intentionally submitted an affidavit with false information in order to obtain the warrants that were used to search the properties.

ROSEMONT COURT RESIDENT FILES CLASS ACTION LAWSUIT AGAINST MANAGEMENT

NewsBreak

The property manager of Senior Living Affordable Rosemont Court in North Portland is facing a class action lawsuit from one of its own residents when another resident who became fatally ill with airborne Legionnaries’ disease at the beginning of the year. The plaintiff is filing the suit for herself and fellow residents demanding that the property manager refund all rent paid since the beginning of the year to its residents.

The property manager has not commented on the suit but has mentioned that the situation is unfortunate and complicated. 14 residents from this senior living facility have fallen ill since January due to breathing in bacteria inside of their apartments or from the apartments running water.

Filters have been places on every faucet within the building to lessen the risk of its residents inhaling the bacteria. The building has also begun routinely testing the water supply. The building is owned by Northwest Housing Alternatives, which has recommended to its residents that they permanently relocate since the first outbreak of the bacteria.

JUDGE PUSHES FOR PAYOUT COMPROMISE IN FLORIDA CONDO COLLAPSE

Curt Anderson / The Boston Globe

Families who have lost loved ones due to the collapse of a beachfront condominium in Florida patiently wait while a judge on has pushed for a compromise on potential buyouts to the victims’ families. The June 24th collapse of the condominium killed 98 people and the aftermath of the collapse has led to the harden positions of two different sides. Many of the condo owners want the proceeds from the property sale, insurance damages, and lawsuit damages to go towards the victims’ families.

The families that have lost loved ones feel as though the property owners should be assessed to pay for their losses and should be liable for legal damages due to a failure to asses longstanding structural problems despite warning. An investigation on the cause of the collapse has been underway on site since the collapse occurred.

INSURER WINS FIRST JURY TRIAL ON COVERAGE FOR COVID-19 BUSINESS INTERRUPTION LOSSES

Allison Dunn / Law.com

A jury trial for coverage from the Covid-19 business interruption losses was won by an insurer for the first time. A verdict was issued in favor of the Cincinnati insurance company by a federal jury in the western district of Missouri in K.C. Hopps Ltd. v. Cincinnati Insurance Co., Case No. 4:20-cv-437 (W.D. Mo. 2021). K.C. Hopps Ltd. (“Hopps”) owned bars, restaurants, catering services and entertainment space. In response to Covid-19, Hopps business was limited to drive throughs and take out services. Hopps submitted a claim for coverage under its commercial property policy for “Business Interruption due to COVID-19”to The Cincinnati Insurance Company and Cincinnati denied.

Hopps then filed a lawsuit against Cincinnati seeking coverage under the policy’s Business Income, Extra Expense, Civil Authority, Ingress coverage and Egress coverage provisions. Cincinnati has argued that Hopps never suffered any loss and was not entitled to the civil authority coverage, ingress coverage, or egress coverage. Cincinnati also stated that Hopps’ policy exclusions precluded coverage. Summary judgement was later denied to both parties on whether Business Income coverage was triggered. The jury found that although the stay-at-home orders did impact Hopps business, it did not stop him from accessing its premises. Because of this, The Cincinnati Insurance Company was awarded summary judgment on Hopps’ Civil Authority coverage and on Ingress / egress claims.

After a three-day trial, the court rules in favor of the Cincinnati Insurance Company. The report did not specify as to why the jury made this decision but it is believed that the jury did not believe Hopps’ businesses suffered physical loss or physical damage due to the Covid-19 pandemic

GAS EXPLOSION IN UZBEKISTAN DAMAGES HOUSE

ANI / Lokmat.com

There was a gas explosion in a residential property located within the Samarkand Region of Uzbekistan, the explosion from within the home damaged the property and injured a guest of the tenant. This incident is believed to be due to a pipeline leaking natural gas into the soil near the property. Investigation has been placed underway by the local ministry into the cause of the explosion.

COMPLAINT FILED AGAINST TOWN OF HIGHLANDS REGARDING SHORT-TERM RENTALS

Jessi Stone / Smokey Mountain News

Following the ban of short-term rentals within the R-1 Residential area of Highland, North Carolina, a group of local homeowners have started a group called the “Save Highland Committee.” The group released press stating that they had hired Asheville law firm Allen Stahl + Kilbourne to defend the rights of homeowners whose livelihoods depended on travel, tourism, and the vested rights of homeowners.

The “Save Highland Committee” states that the town of Highland has allowed for residents to use their homes as vacation rentals for decades and several property owners have made substantial investments based off those policies. A Go Fund Me page for the legal fees was developed and is currently at $117,000 out of their $200,000 goal.

JEFFERSON COUNTY EMA WORKING TO ASSESS FLOOD DAMAGE

Bryce Gray / St. Louis Post - Dispatch

Director Jim Coker of the Jefferson County Emergency Management Agency (EMA) said that they are currently working on how many homes, cars, and businesses were damages during the flooding. This will help to determine which areas need financial assistance but areas eligible have to meet a certain dollar amount of damaged property within that area. Once damage totals have been submitted, crews will assess the damage and take photographs.

GROWING SINKHOLE ON MONTFORD PROPERTY HAS NEIGHBORS CONCERNED

WLOS Staff / ABC 13 News

In Asheville, North Carolina, a sink hole has nearly doubled in size, which is concerning local residents. The resident first noticed the sink hole back in July of 2021. After two storms that hit Asheville in August, sinkhole grew larger blocking storm culverts. The sinkhole is causing stormwater into nearby homes. Storm water has also flooded driveways, backyards, and basements of some of the local residents.

FIRMS SEEK PARTIAL DISMISSAL OF SUIT OVER DAMAGE TO BILL SCULLY HYDRO PLANT

Bennington Banner News

The defendants of a lawsuit that was filed by the late Billy Scully’s Hydroelectric Company Carbon Zero are asking the court to strike a section of the action that was seeking punitive damages. The damages where allegedly caused by three companies over a riverbed drilling accident that happened in 2018. This churned up riverbed silt at the hydro plants water intake system, posing a threat to the equipment. Therefore, the plant was shut down until the riverbed settled and the equipment had been checked. 

The three companies involved were trying to extend Bennington water system lines to properties that had wells contaminated by PFOA (perfluorooctanoic acid). Billy Scully was calling to have the site inspected for damages to the equipment caused by the silt being churned up and damage due to the system being un-operational during the freezing winter. Billy Scully estimated the cost of repairs to his system would range around $1.2 million.

The plant never reopened and the lawsuit is seeking justice in the form of punitive damages and compensation. The defendants would like to have these punitive damages revoked. The two parties continue to disagree over which party is responsible for the permanent closure of Billy Scully’s Hydroelectric Company Carbon Zero.

VIRGINIA BEACH’S FLOODING REFERENDUM: WHAT IT MEANS IF IT PASSES, WHAT IT MEANS IF IT DOESN’T

Steve Fundaro / Wavy.com

In fall’s general election ballot, Virginia Beach will decide if they want to increase their property taxes in order to expedite the flood prevention building process. So far, the city has spent $4 million on flood prevention research. Because of rising sea levels; the main infrastructure needed is massive flood gates, new development guidelines, and green infrastructure improvements costing more than the city’s $2.2 billion annual budget.

If the city decides to vote yes on the matter, the city will borrow $567.5 million in order to start 21 flood protection projects that will be scheduled to be completed within seven years. The city property tax would need to be raised 4.3 and 6.4 cents for every $100 of a property’s assessed value. This would bring the cities property tax rate to approximately $1.05 per $100 of a property’s assessed value. This would likely be the property rate of the neighboring city, Chesapeake. 

SUMMER FLOODS: BLOOMINGTON RESIDENTS' $310K CLAIM FOR FLOOD LOSSES DENIED

Kyle Haskins / Flicker

10 residents of Bloomington, Illinois, are demanding the city provide financial compensation to cover the damages endured by their properties when city sewage and storm water flooded their homes during the large rain fall that occurred between June 25th – 26th. The storm brought nearly a foot of rainfall and caused Bloomington’s combined sewer system to become overwhelmed, bringing raw sewage into the basements of several local residents.

However, these demands for $310,000 in financial compensation have been denied. The city is citing the Tort Immunity Act as to why the city is not responsible for the damages. While residents are claiming that the Trot Immunity Act does not prevent the city from being at fault when damages are caused by city property.

Residents are also pointing out the city was aware that the sewar system could not withstand a flood based off a 2014 sanity and sewar master plan that concluded “some of the infrastructure installed as part of the (city’s) expansion is deteriorating to a point where it is not providing an adequate Level of Service.”

SHANNEN DOHERTY WINS $6.3M IN STATE FARM SUIT AFTER HOME DAMAGED IN CALIFORNIA WILDFIRE

Daily Hind News

Shannen Doherty was awarded $6.3 million by a federal jury in Los Angeles on Monday against State Farm Insurance for failing to sufficiently pay for damages done to her property during the 2018 wildfire. The insurance companies’ failure to pay policy benefits were found unreasonable and without proper cause by the jury. The verdict will go towards property damage, attorney fees, and emotional distress.

GEORGIA SUPREME COURT SIDES WITH PROPERTY OWNER OVER STATE DOT

Staff / WRDW-TV

The supreme Court of Georgia allowed a property owners lawsuit against the state to move forward by upholding two lower court rulings. Mrs. Mixon, a Ware County resident with 18 acers of land, sued the Georgia Department of Transportation in 2018 due to a road widening project that diverted water onto her land diminishing her property value. The claims in her suit suggest that the flooding was the result of failure to maintain a storm drainage system by the DOT which resulted in the taking of her land without just compensation.

The DOT has countered with the legal doctrine of sovereign immunity, thus barring her claims. However, the Trail Court and the Georgia Court of Appeals agreed with Mrs. Mixon, forcing the DOT to appeal to the state Supreme Court. A recent ruling declared that sovereign immunity does not protect the state from being sued in certain circumstances.

NEWNAN ATTORNEY SUES INSURANCE COMPANY IN ‘DIMINUTION OF VALUE’ DISPUTE

Scott Cunningham / Getty Images

An Attorney from Newnan, Gorgia has filed a federal lawsuit against an insurance company based in Michigan. This is due to the Michigan-based company’s failure to financially compensate policy holders after the tornado that occurred in March of 2021. The complaint that was filed by Drake Taylor alleges that Auto-Owners Insurance Company in Lansing, Michigan, did not pay diminution of fair market value for two different properties owned by Mr. Taylor. The properties were are located on LaGrange Street and Boone Drive.

Mr. Taylor has stated that the company has compensated him for the damages sustained to his properties due to the tornado in March, but the company did not compensate him for the diminution of fair market value on either of his properties. Georgia residents may collect post repair diminution as part of their property damage claim. Mr. Taylor argues that Auto-Owners Insurance Company tried to include a diminution of value exclusion into both of the policies. 

In the State of Georgia, if any existing policy is renewed, it may not reduce coverage. If the policy includes a reduction to coverage, a policy termination must be filed and a new policy must be created. This law also states that any reduction of coverage must be notified via mail thirty days before any reductions are made to a policy. Mr. Taylor claims the company never sent any notification regarding a change to policy but Auto-Owners Insurance did attempt to reduce coverage while increasing premiums on both of his properties properties. Mr. Taylor is seeking full diminution of value for the properties. Totaling at $43,000 along with punitive damages and attorney fees.

CALIFORNIA RETURNS BEACH PROPERTY TAKEN FROM FAMILY VIA EMINENT DOMAIN

Schaben / Los Angeles Times / TNS

A beachfront property was returned to the heirs of the original owners whose land was taken from them in the 1900s. Charles and Willa Bruce moved from New Mexico to California and bought several lots in Manhattan Beach. Willa Bruce would build a resort on one of these properties that thrived. The community and local associations petitions that the Manhattan Beach City Council condemn and seize the Bruce family’s property. After protests had been ignored and lawsuits had been dismissed, the Bruce’s were forced to comply with the order. The Bruce’s asked for $120,000 for the property and damages, the City awarded them $14,500.

HOW THE US AIR FORCE DROPPED AN ATOMIC BOMB INTO A SOUTH CAROLINA FAMILY'S BACKYARD

Daily Mail

In 1958, an atom bomb was accidentally dropped by the U.S. air force into a family’s back yard in South Carolina. Apparently, a B-47 bomber was attempting to fix the positioning of Mark 6 Atomic Bomb withing his aircraft when he accidentally pulled the release leaver while looking for something to hold on to. Luckily, only the TNT detonator went off but the impact of the bomb hitting the ground created a 30-foot deep and 50-foot-wide hole in the ground causing damage to the family’s home and car while also killing their chickens.

The bomb had to be placed inside of the aircraft under a strict time limit. However, the crew was struggling to secure the bomb into position and had to improvise by using a sling to place the bomb into the plane. Once the plane was in air, the bomb began to shift, forcing one of the captains of the plain to attempt adjusting the bomb placement manually if possible. The space was tight so the captain removed his parachute and hung onto the planes frame in fear he may fall out. The captain accidentally grabbed the release leaver dropping the bomb onto the bay doors. The bomb became too heavy for the bay doors and broke through, falling onto the home of the Gregg family.

The 7,600-pound, Mark 6, 30-Kiloton atomic bomb fell into their back yard from 15,000 feet. The bombs nuclear core was believed to be removed before transportation of the devise to prevent a nuclear drop on American soil. Still, the local residents recall the tremendous blast that was created from the TNT used to spark the fissionable material within the bomb. This would eject pieces of the earths crust into the air that would soon damage the properties nearby as they fell back to the ground. Initially, the government offered the Gregg family $44,000 for their damages. The Gregg family would decline and later in court receive $54,000 from the government for their damages.

BLOOMINGTON ATTORNEY: 10 RESIDENTS PREPARED TO SUE CITY FOR FLOOD DAMAGES

JUSTIN HURT / THE PANTAGRAPH

Illinois’s city of Bloomington may be facing possible legal actions from residents if the city refuses financial assistance to residents that endured property damage during the heavy rains and sever storm in June of 2021. William Marht, a local attorney, claims he has several residents that want the city to pay them over $300,000 dollars in property damages caused by city sewers flooding residential properties. Damages are ranging between $10,000 - $75,000 per resident preparing legal action. Mahrt also makes the claim that it is the obligation of the city to provide financial help to these citizens as the claims are supported by case law and previous rulings. Mahrt and the residents of Bloomington agree that the damages that were inflicted upon residential property was not the fault of heavy rainfall but rather the infrastructure of the city’s sewers and storm water drainage system.  

OFFICIALS INVESTIGATE FIRE AT SUSAN B. ANTHONY HOME, MUSEUM

News10NBC

A fire in Rochester, New York, damages the home of Susan B Anthony. At approximately 1 AM, the fire station responded to an alarm and found the back porch of the museum had been engulfed in flames.

Although the porch suffered most of the damage, none of the artifacts inside of the museum had been damaged by the fire. The fire department has labeled the cause of the fire as “suspicious.” The house was built in the mid-18th century and stood as the site of Susan B Anthony’s arrest in 1872 when she cast her ballot in the presidential election. It was also the headquarters of the National American Woman Suffrage Association and the location of her death. Having a deep understanding in the significance of this property within the local community and nation, the residents of Rochester are happy they did not lose much of their historical museum.

OCTOBER 22ND DEADLINE FOR FILING A CLAIM UNDER TYCO SETTLEMENT APPROACHING IN THE TOWN OF PESHTIGO, WISCONSIN

Johnson Controls International / Wisconsin Public Radio

The Residents of the town of Peshtigo are approaching their October 22 deadline to file a claim under the 2021 Class Action Settlement against Tyco Fire Products. On December 17, 2018, the Plaintiffs (residents of Peshtigo), filed a complaint against Tyco involving exposure, injury, and property damage. This is a result of the per- and polyfluoroalkyl (PFAS) substance activities at the Tyco Fire Technology Center.

The involved parties reached a $17.5 million settlement in May of 2021. Some residents of Peshtigo may also be eligible to file a claim against Tyco and receive financial compensation. Residents that are eligible to file a claim would be all persons who currently reside on/own or formerly resided on/owned a property with a Private Well Drinking Water Source within the Class Area, defined as the area in the Town of Peshtigo bounded by University Drive, Heath Lane, Roosevelt Road and the Bay of Green Bay, for at least one year between January 1, 1965, and December 31, 2020.