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Article: In Katrina cases, judge OKs policy exclusions, finds ambiguities.
- Article from:
- Trial
- Article date:
- July 1, 2006
- Author:
CopyrightCOPYRIGHT 2006 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In determining whether two homeowners' policies from major insurers cover damage caused by Hurricane Katrina, a federal judge has ruled that policy exclusions for flooding are "valid and enforceable" but that the insurers bear the burden of proving that the exclusions apply. (Tuepker v. State Farm, No. 1:05CV559 LTS-JMR, 2006 WL 1442489 (S.D. Miss. May 24, 2006); Buente v. Allstate, No. 1:05CV712 LTS-JMR, 2006 WL 763085 (S.D. Miss. Mar. 24, 2006).)
Like many lawsuits filed since Katrina hit the Gulf Coast, these revolve around the question of whether the damage done by the storm was attributable to wind or water. Because most homeowners' policies pay for wind ...