A last word this week on In Re Katrina Canal Breaches Litigation

One more quick thought about In Re Katrina Canal Breaches Litigation as we head into the weekend. As I've indicated in previous posts and as is borne out by the Fifth Circuit's decision, the methodology selected for analysis of causal connections in property insurance in a great many instances determines the outcome. This is the reason insurers came up with anti-concurrent, anti-sequential cause language in the first place: it is altogether too easy for judges to circumvent contractual drafting intent by selecting a causal analysis that will ordain a different outcome, endowing a result that is in fact the product of human bias with the aura of scientific inevitability. (I do not necessarily impute malice or even conscious intent to this process, I merely recognize that this is a human t