STORY FROM: Superstorm Sandy Insurance Litigation

Flood Insurer Awarded Summary Judgment in Miss. Federal Appraisal Demand Action

JACKSON, Miss. — A Mississippi federal judge has awarded a flood insurer summary judgment in an appraisal demand action, ruling that the insured’s lawsuit was untimely because it was filed after the expiration of the one-year statute of limitations in the Standard Flood Insurance Policy.

In a March 3 order, Judge Halil Suleyman Ozerden of the U.S. District Court for the Southern District of Mississippi further held that appraisal is unavailable because it only appropriate when the sole dispute involves the value of the agreed damages, and in the instant case the crux of the parties’ dispute is a coverage ...

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