STORY FROM: Superstorm Sandy Insurance Litigation

Policyholders’ 10-Year Delay in Seeking Appraisal Defeats Supplemental Claim, Fla. Federal Judge Rules

MIAMI — A Florida federal judge has awarded a homeowners’ insurer summary judgment in an action seeking coverage for a Hurricane Katrina supplemental claim, ruling that the insureds’ 10-year delay in submitting their claim and demanding appraisal renders their case untimely under state law.

On March 2, Judge Federico A. Moreno of the U.S. District Court for the Southern District of Florida further concluded that the insurer’s review and payment of the policyholders’ original coverage claim defeats their breach of contract claim.

In 2005, Rina and Francisco Rodriguez filed a claim for $113,813.54 with their homeowners’ insurer, Liberty Mutual Fire ...

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