Miss. Couple Appeals Katrina Wind v. Water Ruling

A Pascagoula, Miss. couple, who lost a lawsuit against an insurance company over damages from Hurricane Katrina, has filed notice of appeal with the U.S. District Court in Gulfport.

Court officials said the notice of appeal was filed Nov. 30 by the attorney for Paul and Julie Leonard. The appeal will be heard by the 5th U.S. Circuit Court of Appeals in New Orleans.

A judge had ruled in August that damage from wind-driven water is not covered in policies issued by Nationwide Mutual Insurance Co., Leonard’s insurance carrier.

The Leonards said Katrina caused about $130,253 damage to their Pascagoula home. They said $47,365 in damage was caused by wind. Nationwide paid the couple $1,661, saying that storm surge caused the rest of the damage.

The Leonards’ case was the first of hundreds filed by homeowners who argued that their insurance policies were either too vague regarding wind vs. water debates, or that flood damages were covered in their policies.

Latest Comments

• December 28, 2006 at 11:32 am

  Surviving Katrina + The System says:

  1st: The Agent Should Remember to Have Every Client Sign The Flood Refusal Form. People who are not in the Insurance Business,really do not understand the policy, nor do they ... read more
• December 26, 2006 at 1:33 am

  gill fin says:

  Seems like we may move toward an application that is also a policy booklet. Is that the issue here? Thats it - put the burden of educating policyholders entirely on the writin... read more
• December 26, 2006 at 8:46 am

  jeff says:

  this is why allstate and so many other carriers are not writing new business in coastal Mississippi any longer. i am tired of people trying to get something they did not pay ... read more