Nelson v. Becton

I respectfully dissent. In particular, I disagree with the majority’s reasoning in Section III of its opinion. The doctrine of reasonable expectations should be applied in this case, and thus the district court’s summary judgment should be reversed because the homeowners have raised genuine *1292issues of material fact regarding their reasonable expectations.

Whether the rule of honoring reasonable expectations should be applied to policies issued pursuant to the National Flood Insurance Program (NFIP) is a question of first impression for this court. The merits thus deserve more scrutiny than the…