Beyond the Storm: Mediating Climate-Related Disputes in South Florida
As Florida experiences more dynamic risk, ranging from record droughts to wildfire threats, commercial contracts are being tested.
Force majeure and business interruption disputes require neutrals who understand both the environmental science and the evolving insurance case law in the Sunshine State.
A New Generation of Force Majeure
The textbook hurricane force majeure clause is no longer sufficient. Florida businesses are now drafting (and litigating) provisions covering drought, saltwater intrusion, wildfire smoke, and chronic flooding, events that 20 years ago would have been considered too rare to specify.
Business Interruption Reimagined
Business interruption coverage was designed around discrete, datable events. Climate-related losses often have ambiguous start dates, ongoing causation, and multiple concurrent perils. These cases are some of the most complex coverage disputes we mediate.
Why Specialized Neutrals Matter
Resolving these matters requires fluency in three disciplines: contract interpretation, insurance policy construction, and the underlying science of the loss. Our neutrals work with counsel to ensure that both sides understand the technical evidence before the negotiation begins.
Looking Forward
We expect the volume and complexity of climate-related commercial disputes to grow throughout the decade. Counsel and adjusters who develop ADR relationships now will be better positioned to handle the wave of cases ahead.
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