A municipality cannot be held liable for flood damage resulting from a clogged drainage culvert, even with "passive malfeasance," absent actual or constructive knowledge, Western District Judge Richard Arcara has held in a case in which an insurer attempted to recoup losses from a severe 2009 storm in Western New York.
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Insurer Denied Recovery of Flood Damages From Municipality
New York Law Journal
November 1, 2012
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