Spong v. Fidelity National Property & Casualty Insurance

PRISCILLA R. OWEN, Circuit Judge:

This interlocutory appeal pursuant to 28 U.S.C. § 1292(b) arises from the issuance and subsequent renewals of a flood insurance policy under the National Flood Insurance Program (NFIP) covering property owned by Robert and Kerry Spong. Hurricane Ike swept away all improvements on the Spongs’ property and all personal belongings. The insurer, Fidelity National Property and Casualty Insurance Company, subsequently advised the Spongs that the policy was void from its inception because the property was ineligible for flood insurance under the NFIP. The-Spongs sued…