The first post-Katrina trial over the flood exclusion in a homeowners policy ended with insurance groups proclaiming victory last week. U.S. District Judge L.T. Senter ruled that the great majority of damage to a Mississippi home was caused by flood, and therefore was not covered under the terms of a homeowner policy written by Nationwide Mutual Insurance Company.
"There is no evidence to support the finding that this insurance contract should be reformed," wrote Judge Senter in his opinion in the bench trial of Paul Leonard and Julie Leonard vs. Nationwide.
The law firm of Richard Scruggs, a well-known plaintiffs' attorney, represented Pascagoula residents Paul and Julie Leonard in their case, contending that wind-driven rain--and not flooding--from Hurricane Katrina caused most of the damage to their home, and was therefore covered under the terms of their homeowners' policy.
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