Flood Sub-Limit Ruling Did Not Create New Standard For All Flood Policies, Del. Judge Rules

WILMINGTON, Del. — A Delaware judge has denied an insurer’s motion to certify for interlocutory appeal a ruling that a $25 million flood sub-limit in a commercial policy applies to Superstorm Sandy-related claims for time element losses, holding that the ruling did not present an issue of substantial importance.

In a June 16 order, Judge Eric Davis of the Delaware Superior Court explained that the ruling did not create a new standard for all flood insurance policies, or how courts should review flood insurance policies differently from other types of insurance policies.

Almah LLC and SL Green Realty Corp. own …