Mining company files $130 million-plus lawsuit against Zurich after Hurricane Helene

Complaint claims the insurer failed to pay on the submitted loss

Mining company files $130 million-plus lawsuit against Zurich after Hurricane Helene

Risk, Compliance & Legal

By Kenneth Araullo

Sibelco North America, a mining company, sued Zurich American Insurance Co. over coverage tied to Hurricane Helene, seeking more than $130 million for property damage and business interruption, according to the complaint.

The lawsuit names Zurich American, an affiliate of Zurich Insurance Group, and alleges the insurer did not pay claims under a policy covering multiple commercial properties in North Carolina, including sites affected by the storm.

Hurricane Helene made landfall Sept. 27, 2024, in the Spruce Pine area. Sibelco said it lost power, its pumphouses were submerged by water and mud, and high winds caused damage across its properties.

Sibelco alleges it sustained more than $130 million in property damage and business interruption losses in the months after Helene. The company said it submitted a claim to Zurich that was not paid.

Sibelco is seeking a declaratory judgment under North Carolina law and is asserting claims including breach of contract, breach of good faith and fair dealing, and unfair and deceptive claim settlement and trade practices, the complaint said.

The company is seeking actual and compensatory damages, treble compensatory damages, attorney fees and costs, and pre- and post-judgment interest, among other relief. The case was removed to the US District Court for the Western District of North Carolina from the Superior Court of Mitchell County, North Carolina.

The lawsuit follows other Helene-related disputes in North Carolina that have focused on business interruption and the conditions that trigger coverage after a storm disrupts operations.

In a separate case, a North Carolina pottery company sued Travelers, alleging it was “wrongly denied business interruption coverage after Hurricane Helene,” and said the parties exchanged communications about whether the claim should be assessed under the policy’s civil authority provision.

Similar coverage fights have also played out in other courts, with some disputes turning on how hurricane-related policies are structured and interpreted when business interruption is part of the program.

Earlier this month, a New York appeals court “revived PrairieGold Solar’s Hurricane Maria claim,” keeping in place litigation involving an all-risk and business interruption program after rejecting insurers’ reformation bid.

Beyond hurricanes, policyholders have also filed suits that pair property-damage allegations with claims for business income and related costs after severe weather.

In one 2025 wind-claim case, the plaintiff said its policy was “covering direct physical loss or damage” and included business income and extra expense coverage, and it sued after a dispute over how the claim was handled.

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