A Louisiana federal court judge erred in ruling that a standard insurance policy exclusion for water and flooding damage did not apply where levee breaches from Hurricane Katrina were involved, insurance trade groups argued in papers filed with an appeals court.

In a “friend of the court” brief submitted to the 5th Circuit Court of Appeals in New Orleans, insurance industry groups contend that a lower court failed to apply the “plain language” of the water exclusion developed by the Insurance Services Office and used in insurance contracts.

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