Nationwide v. Leonard: Fifth Circuit upholds anti-concurrent cause provision as unambiguous

The Fifth Circuit yesterday, in the Nationwide v. Leonard appeal, reversed Judge Senter's ruling that the anti-concurrent cause language in the Nationwide homeowners policy was ambiguous. Here is a pdf of the opinion. Here's an Associated Press story about the decision.The Fifth Circuit reached the result I agree with, but the court said too much. Its reading of the contract language was right, but its causation analysis was not entirely correct. The court unnecessarily spent time talking about storm surge as involving concurrent causes -- covered wind and uncovered flood. In saying this, it was as if the court didn't pay any attention to its later analysis of the flood exclusion, which clearly classifies "flood, surface water, waves . . . whether driven by wind or not&q