United States Fifth Circuit

In an action brought by plaintiff arising from defendant's payment of homeowners insurance under the Water Damage Exclusion, which limited the amount of money plaintiff received, summary judgment for defendant is affirmed where: 1) the term "flood" includes storm surges and the omission of the specific term does not create ambiguity in the policy regarding coverage in a hurricane, and does not entitle the homeowner to recovery for flood induced damages; 2) plaintiff waived several arguments by not raising them in district court; and 3) the court did not abuse its discretion when it denied several pre-trial motions.

Appellate Information

• Decided 05/12/2008
• Published 06/10/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BARKSDALE and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kathleen M. Bilbe, New Orleans, LA, pro se.


• For Appellees:
  
• Robert Carl Scruggs, King, Krebs & Jurgens, PLLC, Houston, TX, David A. Strauss, Christian Albert Garbett, Sr., King, Krebs & Jurgens, PLLC, New Orleans, LA, for Defendants-Appellees.