Roben West | Carlton Fields In Express Jewelry Enterprises Inc. v. National Fire Insurance Company of Hartford, the Sixth Circuit Court of Appeals found that a flood exclusion precluded coverage for property damage following a night of heavy rains. The basement of a jewelry store in Dearborn, Michigan, was inundated with high water after the city experienced… Continue reading Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
Tag: Flood Exclusions
A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall
Kelly A. Johnson and Damian S. Barquin | SDV Insights A recent decision by a federal court helps clear the path to coverage for property owners this hurricane season. The Court deemed one property policy’s flood exclusion inapplicable to bar coverage for water damage from backed-up drainage and overflow caused by excessive rainfall. The case,… Continue reading A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall
Wind Before Storm May Blow Away Flood Exclusions
Elliot Karzner and Alycan A. Moss | Property Insurance Law Observer Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co., No. 2:21-CV-00825, 2021 WL 2383834 (W.D. La.… Continue reading Wind Before Storm May Blow Away Flood Exclusions
