STORY FROM: Superstorm Sandy Insurance Litigation

Flood Sub-Limit Ruling Did Not Create New Standard For All Flood Policies, Del. Judge Rules

WILMINGTON, Del. — A Delaware judge has denied an insurer’s motion to certify for interlocutory appeal a ruling that a $25 million flood sub-limit in a commercial policy applies to Superstorm Sandy-related claims for time element losses, holding that the ruling did not present an issue of substantial importance.

In a June 16 order, Judge Eric Davis of the Delaware Superior Court explained that the ruling did not create a new standard for all flood insurance policies, or how courts should review flood insurance policies differently from other types of insurance policies.

Almah LLC and SL Green Realty Corp. own ...

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