STORY FROM: Superstorm Sandy Insurance Litigation

Loss of Five Docks During Heavy Rainstorm Falls Within Policy’s Flood Exclusion, Ark. Federal Judge Rules

LITTLE ROCK, Ark. — The loss of five docks that became unmoored during a “300-year” rain event is not covered under a commercial property policy because the loss was primarily caused by flooding, which the policy excludes from coverage, an Arkansas federal judge has ruled.

In a May 25 order, Judge D .P. Marshall Jr. of the U.S. District Court for the Eastern District of Arkansas explained that while heavy wind contributed to the loss, the policy says that even if flood wasn't the sole cause, the exclusion still applies.

Seven inches of rain, accompanied by heavy wind, fell in ...

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