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Sunday, May 5, 2024

Dunlow resident says Neptune refused to resolve flood insurance claim

State Court
Flood

WAYNE —  A Dunlow woman says Neptune Flood Insurance Services refused to resolve her insurance claim after a flood, which was a breach of contract.

Linda Moore had a private flood insurance policy with Neptune, which covered damages to her home in the amount of $200,000, according to a complaint filed in Wayne Circuit Court.

Moore claims on March 1, 2021, her home was severely damaged as a result of a major flood event in Dunlow and at the time of the flood event, her policy with Neptune was in full effect, as it had become effective on Dec. 22, 2020, and was effective until Dec. 22, 2021.

When Moore purchased the policy on Dec. 22, 2020, she paid her premiums and Neptune accepted the money, according to the suit.

Moore claims after the flood, she obtained an estimate from a repair company.

“Neptune, through its own adjuster, obtained its own estimate of damages and costs of repairs and disagrees with the damages which the Plaintiff is claiming,” the complaint states. “Plaintiff has made a prompt and appropriate claim pursuant to the terms of the policy issued by Neptune and Neptune has failed to make the Plaintiff whole under the terms and conditions of the private flood insurance policy that the Plaintiff purchased, which is in direct violation of the conditions and terms of the contract Neptune entered into with the Plaintiff.”

Neptune’s actions are a violation of the Unfair Claims Settlement Practices Act, according to the suit.

Moore claims she complied with and performed all conditions required under the private flood insurance policy and the defendant failed to fairly negotiate and resolve the claim.

Moore claims the defendant’s actions were in bad faith.

Moore is seeking compensatory damages with pre- and post-judgment interest. She is represented by Kenneth P. Hicks and Jared Hicks of Kenneth P. Hicks LC in Huntington.

Wayne Circuit Court case number: 22-C-14

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