11th Circ. Revives Fla. Hurricane Coverage Suit

Law360, New York (September 9, 2011, 4:16 PM EDT) -- The Eleventh Circuit ruled Thursday that it was up to a lower court to decide whether Landmark American Insurance Co. and Arch Insurance Specialty Co. could rescind a Florida property owner’s coverage for alleged misrepresentations about damage caused by back-to-back hurricanes.

The appeals court remanded the insurers’ suit against Moulton Properties Inc. to district court, ruling that it wasn’t in a position to determine whether Moulton’s insurance broker, Peachtree Special Risk Brokers LLC, had lied about the extent of damages on Moulton properties.

Moulton owns several...
To view the full article, register now.