When a federal judge analyzes an insurance dispute and states that "pigs can fly and hell has frozen over," I pay attention. In Brooks v. Foglio,1 the Honorable Joseph Eron Irenas noted the following and explained the facts:
"In what is almost certainly the first lawsuit of its kind, Plaintiff Marjorie Brooks alleges that her insurance company paid her too much money after her home was damaged by Hurricane Sandy. The Court thus takes judicial notice of the following facts: pigs can fly and hell has frozen over.
On October 29, 2012, Plaintiff's home sustained flood damage as a result of Hurricane Sandy. Plaintiff had flood insurance pursuant to the National Flood Insurance Program (“NFIP”).Plaintiff's flood insurance policy was a Standard Flood Insurance Policy (“SFIP”) issued by Fidelity National Indemnity Insurance Company (“Fidelity”).
After Hurricane Sandy, Plaintiff made a flood loss claim to Fidelity. Plaintiff hired a public...