Court Finds for Lexington Insurance on Storm Damage Claim

MIAMI - A federal appeals court affirmed a judgment for Lexington Insurance Co. on Dec. 1, finding that the trial court properly rejected a retirement home's pre-trial challenge to a flood exclusion in its commercial property policy. Living Legends Retirement Center Inc., No. 05-14862 (11th Cir.).

The 11th Circuit Court of Appeals panel said in its unpublished opinion that the lower court was correct in holding that the exclusionary language contained in a 'Special Form' was unambiguous.

At issue was a claim made by Living Legends Retirement Center in Deerfield Beach, Fla., for coverage for storm water damage. Living Legends …