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Stewart Enterprises, Inc. v. RSUI Indemnity Company, Inc.

Appellant brought this action against its excess insurer to recover for wind and flood damage sustained during the storm. The parties dispute whether the insurer's excess liability policy covers damage caused by flood, and if so, under what conditions. The district court found the policy covered flood, but that the coverage was limited by the policy's anti-concurrent causation clause. Neither party satisfied, both appealed. The 5th U.S. Circuit Court of Appeals found in favor of coverage and remanded for further proceedings. 5th U.S. Circuit Court of Appeals, No. 09-30722, 08-09-2010

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Published opinion

Before HIGGINBOTHAM, DAVIS, and BENAVIDES, Circuit Judges.

This appeal presents a familiar dispute in the aftermath of Hurricane Katrina. Stewart Enterprises, owner of cemeteries, funeral homes and other commercial properties throughout New Orleans, brought this action against its excess insurer, RSUI, to recover for wind and flood damage sustained during the storm. The parties dispute whether RSUI’s excess liability policy covers damage caused by flood, and if so, under what conditions. The district court found the policy covered flood, but that the coverage was limited by the policy’s anti-concurrent causation clause. Neither party satisfied, both appealed. We find in favor of coverage and remand for further proceedings.

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