June 19, 2012
Getting Ahead of Storm Surge, Especially in the Era of Climate Change
By J. Wylie Donald
Do real estate brokers, lenders, or others involved in coastal real estate transactions have a duty to warn purchasers or lessees of the danger to their property from storm surge? As researchers get better at modeling the effects of water pushed ashore from the force of storms, and as the effects of climate change potentially enhance storm surge, the author says property owners and lessees may look to target the professionals that participated in the transaction to make them whole. The author says claims may be brought not only by those damaged by the last storm surge but also by those whose properties are condemned as municipalities proactively address the risk.
J. Wylie Donald is a partner in the Wilmington, Del., office of McCarter & English LLP. He is a member of the Insurance Coverage practice and is also co-chair of the law firm’s Climate Change and Renewable Energy practice, where he writes a blog titled www.climatelawyers.com.He can be reached at email@example.com.This article does not represent the opinions of Bloomberg BNA, which welcomes other points of view.