Nationwide Insurance Co. asked a federal appeals court panel in New Orleans to review a lower court decision and find that the anti-concurrent causation language in its Mississippi homeowners policies is not ambiguous.
"This has a huge practical effect on so many of these cases," Nationwide lawyer Chris Landau told a panel of the 5th U.S. Circuit Court of Appeals. "In so many of these cases, you just can't tell if it's wind or water that is responsible for losses stemming from powerful hurricanes," he said.
The 5th Circuit Court of Appeals is the same court that last week ruled that insurers are not liable to pay for insurance claims resulting from flooding caused when the levee broke in New Orleans in the wake of Hurricane Katrina in 2005.
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