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Sher v. Lafayette ruling to be appealed

posted 235 weeks ago on Insurance Coverage Blog

Not much of a surprise here. According to this story by Mike Kunzelman of the AP, the insurer will appeal yesterday's decision by a Louisiana appellate court that held the insurer's flood exclusion was ambiguous. I looked back on key parts of the opinion, and I've reached a conclusion -- it is much more ambiguous than the insurance policy. The challenge for the Louisiana Supreme Court will be to figure out what the lower court said. In the story, Randy Maniloff has a good quote about how the court ignored recent rulings of the U.S. Fifth Circuit on ambiguity, including In re Katrina Canal Breaches, a case that is on the exact same issue -- ambiguity of flood exclusions. True, Louisiana state courts don't have to follow federal precedent on issues of state law, but it would have been g
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