5th Circ. Lets Lexington Off For Hurricane Coverage

Law360, New York (March 23, 2011, 7:33 PM EDT) -- The Fifth Circuit on Tuesday affirmed a judgment in favor of Lexington Insurance Co. determining the company did not have to cover Louisiana restaurants' loss of business due to mandatory evacuation during Hurricane Gustav.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that the district court correctly granted Lexington summary judgment.

“The evidence fails to demonstrate the required nexus between the evacuation order and damage to property ‘other than at the described premises,’” the panel said.

The plaintiffs, a related...
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