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...
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