Lowery v. Fidelity National Property & Casualty Insurance

COSTA, Circuit Judge:

Along with countless other structures on Galveston Island, Jeffrey and Theresa Pye’s home was left in shambles after Hurricane Ike. Although they received some compensation from both their flood and wind insurers, they brought this suit seeking additional coverage under the flood policy. After a bench trial, the court denied the Pyes’ claim for additional building coverage on the ground that the total recovery they had already received from insurers exceeded their total loss. As for contents coverage, the court awarded $2,500 for some car parts damaged in the storm. Both…