“Act of God” no defense for flood loss

A cargo container, awaiting delivery from Massachusetts to the insured, was placed on the ground inside a rail yard. Due to severe flooding, the cargo container and contents were destroyed. Stutman Law attorneys battled the “act of God” defense through aggressive investigation and discovery. Faced with the fact that this was one of the most severe storms to hit the rail yard in years, Stutman Law’s investigation revealed that the rail yard had a history of flooding during less severe storms. The rail yard owners had complained to the city about flooding problems previously and also knew of the impending weather and flooding, which was forecasted several days in advance. The case was settled prior to trial for a confidential amount.

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