Fifth Circuit hears oral arguments in Tuepker v. State Farm Katrina case

Insurers have been successful in their Katrina appeals to the Fifth Circuit, and given the appellate court's analysis in two big cases -- Leonard v. Nationwide and In Re Katrina Canal Breaches Litigation -- I would flat out drop my red Yellowstone mug of decaf with the white moose silhouette in amazement if the result were any different in State Farm's interlocutory appeal of Tuepker v. State Farm, even though none of the three-judge panel in this case was on the panel for either of the other two cases. I read the briefs again, and I have a very hard time seeing it go the Tuepkers' way. Here is their brief -- as you may know, Dickie Scruggs is their attorney. Here is State Farm's brief. The Tuepker brief deals a lot with their supposed reasonable expectations that they would be covered