United States Fifth Circuit

Reset A A Font size: Print

Bradley v. Allstate Ins. Co., 09-30035

In an action seeking insurance proceeds arising from the total destruction of plaintiffs' home as a result of flood and wind damage suffered during Hurricane Katrina, partial summary judgment for defendant is affirmed in part where the district court did not err in concluding that defendant was entitled to judgment as a matter of law on plaintiffs' claim for loss of contents. However, the judgment is vacated in part where: 1) the district court needed to evaluate certain causation issues and ascertain the applicability of the section 5(e) total loss provision; and 2) it was undisputed that plaintiffs had not repaired, rebuilt, or replaced the property within the two-year period allowed under the policy and Louisiana law.

Appellate Information

  • Decided 09/21/2010
  • Published 09/21/2010

Judges

  • Carl E. Stewart

Court

  • United States Fifth Circuit

Counsel