Showing posts with label wind vs. flood. Show all posts
Showing posts with label wind vs. flood. Show all posts

Tuesday, April 8, 2008

Sher case decision handed down

Today the Louisiana Supreme Court handed down a decision stating that the "flood" that occurred as a result of the levee breach is not covered by homeowner's insurance:

The state high court reversed decisions by a state trial court and an appeals court that said the definition of the word "flood" was ambiguous in most all-risk homeowners policies, and by law, the policyholders' interpretation had to be followed.

The high court said the lower courts should have looked at the "plain, ordinary and generally prevailing definition" of the word flood.

"Contrary to the court of appeal's reasoning, this definition (of flood) does not change or depend on whether the event is a natural disaster or a man-made one -- in either case, a large amount of water covers an area that is usually dry," the court opinion said.

Justice Chet Traylor of Winnsboro, in writing the majority decision, went a step further, saying the flooding in New Orleans after Hurricane Katrina was not actually caused by man, only aided by human errors.

"The flood was caused by Hurricane Katrina, not by man," Traylor wrote. "The levees did not cause the flood, they, whether through faulty design, faulty construction, or some other reason, failed to prevent the flood."

[Times-Pic]

For some more thoughtful insight, I would direct you to keep your eyes on the Insurance Coverage Law Blog, actually based out of Oregon, but David Rossmiller has done a phenomenal job covering the insurance aspects of cases such as the Sher case. You can read the decision itself here.

The dummies on the nola.com comments section are having a field day, as usual.

Friday, August 31, 2007

more Hurricane Katrina insurance matters...

5th Circuit rules for Nationwide in Katrina case. Take home message:

The company says its anti-concurrent causation provision works this way: If a policyholder has wind coverage and not flood insurance, then the company is not responsible for damage that comes from a combination of wind and water. A ruling that the clause is ambiguous could have been used against the company in lawsuits involving so-called "slab cases," in which a home was reduced to its foundation, Hartwig said.


As noted in a previous post, the federal court has also ruled that insurance companies are not liable for flood damage - the court did not distinguish between the flood as a result of the levees being overcome (water topping the levees) and the levees being breached (levees were broken and let water through). However, there is a pending case in the state court going to trial in September that may reverse the decision.

And although I am a bit belated in posting this, following the previous LA Citizens discussion, here is the link to their, uh, press release, if you will, confirming their extension of the prescription deadline to September 4 and the other details to go along with it.