While an insurer group praised language in a Mississippi federal court ruling last week that it said upholds rejections of flood claims, a close reading of the decision indicates carriers might still have their hands full winning their post-Katrina suits.
At issue is language in a March 24 decision by U.S. District Court Judge L.T. Senter Jr., in Gulfport, Miss., denying a motion by Allstate to dismiss the case of Buente vs. Allstate.
"While we would have preferred that the motion for judgment on the pleadings be granted at this stage, the underlying opinion is good because it strongly suggests that the court understands that the explicit water damage/flood exclusion in this policy does exclude coverage for hurricane-driven water (also known as 'storm surge')," the Property Casualty Insurers Association of America said in a press release.
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