Gary WOODSON; Rebecca Woodson, Plaintiffs-Appellees,
v.
ALLSTATE INSURANCE COMPANY, Defendant-Appellant.
United States of America; Property Casualty Insurers Association of America, Amici Supporting Appellant,
Douglas J. Pepe, Amicus Supporting Appellees.
Gary Woodson; Rebecca Woodson, Plaintiffs-Appellees,
v.
Allstate Insurance Company, Defendant-Appellant.
United States of America; Property Casualty Insurers Association of America, Amici Supporting Appellant,
Douglas J. Pepe, Amicus Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 24, 2017.
Decided: May 3, 2017.
Attorney(s) appearing for the Case
ARGUED: Gerald Joseph Nielsen , NIELSEN, CARTER & TREAS, LLC, Metairie, Louisiana, for Appellant. Ernest Bradley Evans , WARD AND SMITH, P.A., Greenville, North Carolina, for Appellees. Nicolas Y. Riley , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States of America. ON BRIEF: Keith M. Detweiler , John D. Carter , NIELSEN, CARTER & TREAS, LLC, Metairie, Louisiana; Eric P. Stevens , POYNER SPRUILL, LLP, Raleigh, North Carolina, for Appellant. Michael J. Parrish , WARD AND SMITH, P.A., Greenville, North Carolina, for Appellees. Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Michael S. Raab , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Adrian Sevier , Chief Counsel, Razeyeh Jafarzadeh , Office of Chief Counsel, FEDERAL EMERGENCY MANAGEMENT AGENCY, Washington, D.C.; John Stuart Bruce , Acting United States Attorney, Raleigh, North Carolina, for Amicus United States of America. Wystan M. Ackerman , ROBINSON & COLE LLP, Hartford, Connecticut, for Amicus Property Casualty Insurers Association of America. Douglas J. Pepe, Amicus Pro Se.
Reversed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Motz and Judge Diaz joined.
NIEMEYER, Circuit Judge:
Hurricane Irene, characterized as a Category 1 hurricane when it hit the North Carolina coast on August 27, 2011, passed near the waterfront house of Gary and Rebecca Woodson on the Albemarle Sound in Jarvisburg, North Carolina, flooding their property and, for several hours, subjecting the foundation of their house to wave...
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