A Louisiana federal judge who stunned carriers last year by finding that many of their policy flood damage exclusions do not hold water, appears to have seen the law differently in 2005, according to a legal expert.

That appraisal comes from attorney Randy J Maniloff, with the White and Williams law firm, in a working paper written for the Washington Legal Foundation that examined decisions by U.S. District Court Judge Stanwood Duval Jr. in New Orleans.

If Mr. Maniloff is correct, and a flaw is seen in Judge Duval's reading of the law, it could impact an appeals court review that is pending, the attorney said in an interview.

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