A federal judge in North Carolina recently granted summary judgment in favor of a policyholder seeking coverage for Hurricane Helene damage. The court held that the policy’s flood exclusion did not apply to water inundation resulting from weather conditions that would not have occurred but for Hurricane Helene.

Stout’s Claims team supported the policyholder throughout the claims process by preparing and presenting a comprehensive claim for property damage and business interruption loss, carefully distinguishing between damages attributable to wind/rain and those caused by water inundation. Presenting the claim in this manner helped facilitate a series of advance payments for the portions of the claim not in dispute, which proved to be critical to the continuity of the business while awaiting the determination of coverage. Further, our approach to presenting a fulsome claim, including projections of future business income loss, helped in fully resolving the claim via mediation once coverage was confirmed.