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Does an application for flood insurance payments estop an insured from later claiming wind damage?

posted 241 weeks ago on Insurance Coverage Blog

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
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