Insurer Can't Tie Katrina Wind, Flood Damage: Judge

Law360, New York (February 24, 2009, 12:00 AM EST) -- Ruling in favor of the manager of nine Mississippi apartment complexes severely damaged during Hurricane Katrina, a federal judge has determined that excess insurer RSUI Indemnity Co. cannot use a clause in a primary policy to lump together and exclude damage caused by both wind, which is covered, and flooding, which is not.

Judge Sam Sparks of the U.S. District Court for the Western District of Texas ruled Monday that an anti-concurrent causation clause found in a primary insurance policy issued to ARM Properties Management Group...
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