STORY FROM: Superstorm Sandy Insurance Litigation

Insureds’ Flood Claims Barred by Inadequate Proof of Loss, Untimeliness, 5th Cir. Affirms

NEW ORLEANS — A trial court properly awarded a Write Your Own flood insurer summary judgment in a coverage dispute because the policyholders failed to comply with the policy’s proof of loss requirement, a federal appellate court has ruled.

In a Dec. 6 opinion, the 5th Circuit U.S. Court of Appeals further upheld the trial court’s dismissal of the plaintiffs’ claims against their insurance agent, finding they were untimely under Louisiana law.

James and Victoria Miller obtained a “Write Your Own” flood insurance policy from the Liggio Insurance Agency that had been issued by American Strategic Insurance Corp. pursuant to ...

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