United States Fifth Circuit

In a homeowner's policy coverage dispute arising from the destruction wrought by Hurricane Katrina along the Mississippi Gulf Coast, a judgment for plaintiffs for damage caused by wind following a bench trial is affirmed, although the circuit court corrects certain errors in the reasoning below, specifically: 1) contrary to the district court's ruling, Nationwide's "anticoncurrent-causation clause" or ACC clause is not ambiguous, nor does Mississippi law preempt the causation regime the clause applies to hurricane claims; 2) the district court exceeded the scope of the inquiry necessary to resolve the case by ruling on a weather-conditions exclusion; and 3) rulings made regarding a negligent misrepresentation claim involving statements made by defendant's agent.

Appellate Information

• Decided 08/30/2007
• Published 08/31/2007

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard F. Scruggs (argued), David Zachary Scruggs (argued), B. Humphreys McGee, III, Scruggs Law Firm, Oxford, MS, for Paul and Julie Leonard., Christopher Landau (argued), Daniel F. Attridge, Elizabeth Marie Locke, Jeffrey B. Wall, Thomas A. Clare, Kirkland & Ellis, Washington, DC, Harry Mitchell Cowan, Watkins, Ludlam, Winter & Stennis, Jackson, MS, for Nationwide Mut. Ins. Co.