I was reading a recent opinion by Judge L.T. Senter Jr. about a question of estoppel -- does an application for payment under a federal flood insurance policy, as distinct from acceptance of flood policy money, serve to estop an insured from later claiming wind damage under a homeowners policy? According to Judge Senter, the answer is no, although of course actual acceptance of the flood money means at least that amount cannot be re-compensated as wind damage. The case is Robichaux v. Nationwide, click here to read it. I read this case to say the same thing that other Katrina cases, such as Esposito v. Allstate, have said: acceptance of flood policy money means that you can't have a double recovery for wind from some other policy. You can call this estoppel, you can call it a prohibition
Read...Related Headlines
- Bloomberg story on insurance company bad faithposted 251 weeks ago on Insurance Coverage Blog
-
Federal jury returns $21 million verdict against insurer in Katrina case in Louisiana
posted 206 weeks ago on Insurance Coverage Blog
- Washington Supreme Court: dentist's 'boar'-ish behavior is coveredposted 248 weeks ago on Insurance Coverage Blog
- Potpourri Thursdayposted 250 weeks ago on Insurance Coverage Blog
-
A great new blog
posted 217 weeks ago on Insurance Coverage Blog
- Sher v. Lafayette ruling to be appealedposted 235 weeks ago on Insurance Coverage Blog
-
Sher v. Lafayette ruling to be appealed
posted 235 weeks ago on Insurance Coverage Blog
- A couple Fifth Circuit Katrina cases from earlier this weekposted 250 weeks ago on Insurance Coverage Blog
- Florida insurance updateposted 249 weeks ago on Insurance Coverage Blog