STORY FROM: Superstorm Sandy Insurance Litigation

Wis. Federal Judge Finds for State Farm, Says Insured Failed to Prove Roof Damage Caused by Storm

MILWAUKEE, Wis. — A Wisconsin federal judge has awarded an insurer summary judgment in a water damage action, finding a lack of proof that damage to a roof was caused by a rainstorm and was not a product of wear and tear.

On Feb. 1, Judge Lynn Adelman said the policyholder failed to provide evidence from which a reasonable jury could conclude that the storm caused accidental direct physical loss to the roof, as required by the policy.

Prosperity Hands LLC’s building in Milwaukee was insured by a policy issued by State Farm Fire & Casualty Co. In February 2013, ...

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