In Re Katrina Canal Breaches Litigation: More on Fifth Circuit's decision, did the Court hint how it will go on Tuepker?

I read the opinion over again, and I have a few things to add after what I wrote yesterday. So I'll refer you to that post and my post at Point of Law, which has a link to a Randy Maniloff article you should read about the underlying case, and I'll also make these observations: (Here, again, is a pdf of the Fifth Circuit's decision)-- Want more news? Here's an Associated Press story on the case, where I'm quoted as saying the Fifth Circuit got it right and that it was an easy call. I think that is correct. There have been attempts for at least the last 40 to 50 years for courts to expand property insurance causation to include human negligence as well as physical forces themselves. One of the first and certainly the most noted case in this line is Sabella v. Wisler, 59 Cal.2d 21 (1963).