A federal appeals court in New Orleans has set Aug. 6 as the date to hear oral arguments over the first post-Hurricane Katrina decision on an insurer's policy language excluding flood coverage.

The appeal of a Mississippi federal court judge's ruling, which was regarded at the time as being pro-insurer, is being brought by Nationwide Insurance Co.

Brian Green, a lawyer with Edwards Angell Palmer & Dodge in New York, said the appeal reopens to scrutiny lower court rulings dealing with an agent's duty of care to a customer and the language in the Nationwide contract dealing with windstorm damage and flood exclusion.

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