In Re Katrina Canal Breaches Litigation

495 F.3d 191 (5th Cir. 2007)

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Nature of the Case

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Facts

Hurricane Katrina left eighty percent of New Orleans submerged in water. Ps are insurance policyholders whose property was damaged during the flooding. Ps are suing their insurers to obtain recovery under their homeowners, renters, and commercial-property policies for the damage their property sustained during the inundation of water into the city that accompanied the hurricane. Their policies clearly exclude flooding, but they contend that the massive inundation of water was the result of the negligent design, construction, and maintenance of the levees and that the policies' flood exclusions in this context are ambiguous because they do not clearly exclude coverage for an inundation of water induced by negligence. Ds motioned to dismiss for failure to state a claim under Rule 12(b)(6). The court denied that motion. All defendants except State Farm appealed the district court's order concluding that the water damage resulting from the levee breaches was not excluded by their policies' flood exclusions.