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Article Excerpt
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 damage but not water damage, determining which is to blame is essential in disputes over coverage. (See Carmel Sileo, After Katrina, a Deluge of Denials, TRIAL, Dec. 2005, at 20.)
In the cases before Mississippi District Judge L.T. Senter Jr., two...
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