United States Fourth Circuit

In case involving standard flood insurance policy issued pursuant to National Flood Insurance Program, summary judgment awarding coverage to plaintiff, an insured tenant, is affirmed as building coverage for plaintiff's leasehold improvements is not prohibited under either the policy or the governing statute, and defendant insurer breached the insurance contract. Order denying pre- and post-judgment interest to plaintiff is affirmed as the federal flood insurance program is not a commercial enterprise.

Appellate Information

• Decided 04/12/2007
• Published 04/12/2007

Judges

• Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gerald Joseph Nielsen, Nielsen Law Firm, L.L.C., Metairie, Louisiana, for Appellant/Cross-Appellee.  John Albert Michaels, Michaels & Michaels, Raleigh, North Carolina, for Appellee/Cross-Appellant.   ON BRIEF:  Eric P. Stevens, Poyner & Spruill, Raleigh, North Carolina, for Appellant/Cross-Appellee.