Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Downey v. State Farm Fire & Cas. Co.

Judgment in favor of insured under a National Flood Insurance Program policy affirmed; federal court had jurisdiction because plaintiff bought protection from the government through a federal program; retaining wall exclusion in policy did not apply because there was damage done to plaintiff's home.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

Easterbrook, Circuit Judge. MichaelDowney lives on a hill in Peoria,Illinois. His back yard runs downward ata 35� angle, creating a danger of soilerosion that could compromise thefoundation of his house. A retaining wallsupported the soil, but in February 1997heavy rain washed away the wall and muchof the soil that it had been retaining.This in turn caused the house’sfoundation to shift and become unstable.Fortunately (or so he thought) Downey hadpurchased flood insurance. State FarmFire & Casualty Co., from which Downeybought the policy, paid to fix cracks inthe foundation but denied indemnity forthe expense of stabilizing the house toward off collapse. Injury caused by thefailure of the retaining wall, State Farmasserted, is excluded from coverage.State Farm lost in the district court andon appeal challenges the district judge’sinterpretation of the policy. Beforereaching the merits, however, we mustconsider both subject-matter andappellate jurisdiction.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Attorney - Medical Malpractice

ROSENBERG JACOBS HELLER & FLEMING, PC of Morris Plains, NJ is seeking a full-time Attorney who has at least 5 years experience, includin...


Apply Now ›
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
COMMERCIAL REAL ESTATE PARALEGAL

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements