Affiliated Policy Excludes Storm Damage: 5th Circ.

Law360, New York (April 2, 2009, 12:00 AM EDT) -- A federal appeals court has upheld a lower court’s decision that Affiliated FM Insurance Co.’s policy does not cover losses sustained by Arctic Slope Regional Corp.’s energy unit after Hurricane Rita’s storm surge flooded its Louisiana office and construction yard and left the area three feet underwater.

The U.S. Court of Appeals for the Fifth Circuit on Thursday affirmed the district court’s grant of summary judgment to Affiliated, determining that its policy is not ambiguous and it does not have a responsibility to take care of...
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