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United States Fifth Circuit


Stewart Enters., Inc. v. RSUI Indemn. Co., 09-30722

In an action by an owner of cemeteries, funeral homes and other commercial properties throughout New Orleans against its excess insurer to recover for wind and flood damage sustained during a storm, partial summary judgment for defendant is reversed where: 1) under Louisiana law, ambiguities in the policy are to be interpreted in favor of the insured and thus the policy provided flood coverage; and 2) the policies' anti-concurrent causation clause did not operate within the $25 million dollar limit.

Appellate Information

  • Decided 08/04/2010
  • Published 08/06/2010

Judges

  • Array

Court

  • United States Fifth Circuit

Counsel

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