In In re Katrina Canal Breaches Consolidated Litigation, Civil Action Nos. 05-4182, 06-0169, 2006 WL 3421012 (E.D. La. Nov. 27, 2006), the court was asked to determine if two interpretations of “flood” existed under homeowners policies—a natural occurring event or one that occurs because of a negligent or intentional act of man.

Plaintiffs were New Orleans homeowners who suffered water damage when a section of the concrete outfall canal wall of the 17th Street Canal broke during Hurricane Katrina. Plaintiffs allege that the water damage did not result from flood but that water intrusion from a broken levee wall caused the losses. They also contended, separately, that the Levee Board breached its duty “by failing to correct the break [in the canal wall] or warn others including Petitioners of the impending water intrusion.”