Nov. 28, 2006, 5:27PM
Judge refuses to kill Katrina suit against insurersAssociated Press
NEW ORLEANS — A federal judge refused to throw out a lawsuit for damages
from Hurricane Katrina's floods, saying the language excluding water damage
from some policies is ambiguous.
The 85-page ruling by U.S. District Judge Stanwood Duval Jr. covered several
cases that had been consolidated because they were similar. He immediately
sent the decision to the 5th U.S. Circuit Court of Appeals for review.
There is no timetable for that review, plaintiffs' attorney Joseph Bruno said.
Still, he was optimistic.
-snip-Under Louisiana law and precedent, Duval ruled, insurance companies must
prove that a clause excluding coverage applies — and, without such an
exclusion, provisions are generally construed in favor of coverage.
-snip-Full article:
http://www.chron.com/disp/story.mpl/business/4365555.html