In Leonard v. Nationwide Mut. Ins. Co., No. 1:05CV475 LTS-RHW, 2006 WL 2353961 (S.D. Miss. Aug. 15, 2006), a district court ruled that a homeowners policy's water damage exclusion is enforceable.

Paul and Julie Leonard's Pascagoula, Mississippi , home was damaged as a result of Hurricane Katrina. They were insured by a Nationwide homeowners policy, and their home was not covered by separate flood insurance.

 Evidence showed that their neighborhood withstood winds in excess of 100 miles per hour, and water rose in the Leonard's home to about five feet at its highest point. The inundation of water "caused extensive damage to the floors, carpets, walls, and personal property situated therein."

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis