Essay by Walter J. Andrews, Michael S. Levine, Rhett E. Petcher, and Steven W. McNutt
The United States District Court for the Eastern District of Louisiana's decision in In re Katrina Canal Breaches Consolidated Litigation (Canal Breaches Litigation) undermines freedom of contract because it erroneously concludes that the term “flood” is ambiguous and holds that insurance contracts with “flood” exclusions do not bar coverage for flood-related property damage.
About the Author
Walter J. Andrews. Partner and one of the leaders of Hunton & Williams' insurance and reinsurance practice.
Michael S. Levine. Partner in Hutton & Williams' insurance and reinsurance practice.
Rhett E. Petcher. Associate at Hunton & Williams’ insurance and reinsurance practice.
Steven W. McNutt. Associate at Hunton & Williams’ insurance and reinsurance practice.
Citation
81 Tul. L. Rev. 1277 (2007)