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Benitez v. AmGUARD Insurance Co.

Court: 5th Cir  12/05/2024  Fifth Circuit Holds Surface-Water Exclusion Precludes Coverage and Extracontractual Claims

The Fifth Circuit Court of Appeals affirmed summary judgment granted by district court in favor of homeowners insurer, finding that inadequate drainage which resulted in water seeping into home and causing property damage was excluded by the policy's surface-water exclusion, and that the insured's extracontractual claims were barred for the same reasons and because the insured failed to establish an independent injury.

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