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Insurance
Bad Faith
Standard Flood Insurance Policy

Judd Apatow v. American Bankers Insurance Company of Florida, et al.

Published: May 13, 2017 | Result Date: Dec. 21, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:16-cv-00198-MWF-MRW Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Layne D. Dicker
(Management Group)


Defendant

Stuart D. Rosen

Harrison M. Brown
(Blank Rome LLP)

Frank M. Kaplan
(Blank Rome LLP)


Facts

Producer and writer Judd Apatow sued his insurance company American Bankers Insurance Company of Florida after it denied his claim for coverage. Apatow's claimed related to flooding in his Malibu home following a storm surge and prolonged wave activity.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant failed to properly compensate him for his losses.

DEFENDANT'S CONTENTIONS:
Defendant contended in its motion to dismiss that plaintiff's complaint should be dismissed on statute of limitations grounds. It argued that plaintiff failed to comply with the explicit terms of the policy, which required him to file his claim in federal court within one year of the date of denial.

Result

The court granted defendant's motion.


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