Breach Of Contract Suit Over Hurricane Ike Claim Was Timely Filed, Magistrate Says
Mealey's (July 29, 2015, 11:35 AM EDT) -- GALVESTON, Texas — A federal flood insurer’s denial of an insured’s supplemental Hurricane Ike claim following its review of an adjuster’s estimate and requests did not trigger the one-year limitations period, a Texas federal magistrate judge ruled July 28, finding that the insured’s breach of contract lawsuit was timely filed (Savina Rocha Fernandez v. Fidelity National Property and Casualty Insurance Co., No. 10-460, S.D. Texas; 2015 U.S. Dist. LEXIS 98030).
(Opinion and order available. Document #51-150813-011Z.)
After Savina Rocha Fernandez’s home was damaged by flooding during...