Pye v. Fidelity Nat'l Prop. & Cas. Ins., No. 14-40135 (5th Cir. 2015)
Annotate this CasePlaintiffs filed suit seeking additional coverage under their flood insurance policy after their home was damaged during Hurricane Ike. The district court denied plaintiffs' claim for additional building coverage on the ground that the total recovery they had already received from insurers exceeded their total loss. As for contents coverage, the district court awarded $2,500 for some car parts damaged in the storm. Both parties appealed. The court concluded that federal common law governing the National Flood Insurance Program recognizes the rule against double recovery and affirmed the ruling that plaintiffs' are not entitled to additional building coverage. However, the court vacated the personal property award to plaintiffs because they concede it was in error.
The court issued a subsequent related opinion or order on November 9, 2015.
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