5th Circuit upholds anti concurrent cause provision as unambiguous

Here is an update located on the Insurance Coverage Blog along with the AP article and a pdf of the ruling all found in this blog entry. This was on the Nationwide vs Leonard case.

http://www.insurancecoverageblog.com/archives/first-party-insurance-nationwide-v-leonard-fifth-circuit-upholds-anticoncurrent-cause-provision-as-unambiguous.html

Below is a PDF of the ruling:

http://www.insurancecoverageblog.com/Nationwide%20v.%20Leonard%205th%20Circuit(2).pdf

The AP Story

http://www.sunherald.com/306/story/131448.html

I highly recommend reading this article by Attorney John Pappas “When is a flood a flood” to understand the terms in the insurance policy and court interpretations. There is a citation in this article on this Nationwide vs Leonard case.

Here is also a good news journal article on the issue from 8/15/07. I’m surprised we didn’t catch this ruling before!

Update 9/1/07-Here’s some additional articles. You won’t believe Gene Taylor’s reaction mentioned in this article:

The Sun Herald has a link to the pdf court docs I’m also posting in case the other link to another copy comes down:

http://media.sunherald.com/smedia/2007/08/30/18/Leonard_opinion.source.prod_affiliate.77.pdf

This news article quote from Congressman Gene Taylor’s Public director- I cannot believe his comments on “any carrier with anti concurrent language in their policy should be barred from participting in FLOOD” (as a WYO carrier)..I wouldn’t be surprised to see the carriers drop the WYO service- you can see the writing on the wall for the next flood storm! This spokesperson obviously has no understanding about insurance coverage or maybe it’s just too early in the morning to soak in the comments today!

http://www.sunherald.com:80/278/story/131328.html

2 Responses to 5th Circuit upholds anti concurrent cause provision as unambiguous

  1. Dimechimes says:

    Here is another outstanding Blog from David Rossmiller on the insurancecoverageblog.com site going into great detail about the comment from Gene Taylor’s office that I commented on in this blog. David expresses my sentiments better than I ever could about the ridiculous errors in the comments that were made here:

    http://www.insurancecoverageblog.com/archives/first-party-insurance-more-misunderstandings-of-anticoncurrent-cause-language.html

  2. Dimechimes says:

    Here is an interesting Blog from the Merlin Law firm’s blog on this case:

    http://merlinlawgroup.wordpress.com/2007/09/05/fifth-circuit-got-it-wrong/

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