The insurance industry won its second critical victory in three days on Hurricane Katrina-related issues when a panel of the 5th U.S. Circuit Court of Appeals last week accepted the industry's interpretation of its contract language on a wind-versus-water related claim.

In this case, a panel of the court affirmed a lower court ruling in Chauvin v. State Farm Fire & Casualty, holding that Louisiana's valued policy law only applies if the total loss was caused by a covered peril.

In its Chauvin decision, the panel rejected the contention by homeowners that the valued policy law means insurers have to pay the full policy value when a home is destroyed by a combination of wind (covered) and flood (excluded) damages.

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