It appears that the first wind/flood case came out in favor of the —”It was wind” position. I can’t really tell from the article what the decision actually was, but it appears to be a significant win for the insurers.
via SunHerald.com .
Update1: Here is more form the Washington Post.
GULFPORT, Miss. -- A federal judge ruled Tuesday that an insurance company's policies do not cover damage from flood waters or storm surge in a decision that could affect hundreds of upcoming cases related to property damage from Hurricane Katrina.
U.S. District Judge L.T. Senter Jr. ruled that a Mississippi Gulf Coast couple cannot collect damages from storm surge caused by Katrina because Nationwide Mutual Insurance Co.'s policies do not cover wind-driven water damage.
Senter Jr. said Paul and Julie Leonard of Pascagoula could be compensated for damage that they could prove was caused by high winds, however.
"Almost all the damage to the Leonard residence is attributable to the incursion of water," Senter wrote in the 13-page decision.
Update2: It turns out I am dead flat wrong: It is not a victory for the insurer. According to Mr. Scruggs, the plaintiffs won. I just don’t see how I could have missed it. I am truly losing my touch!
"The Leonards [ the plaintiffs] did not win as much money as I hoped they would have [about $1600], but they won this case," said one of their attorneys, Richard "Dickie" Scruggs. "It's always great to get a win in the first game of the season, whether it's by one point or 30 points."
via the above linked Washington Post article.