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Last updated 5:12PM ET
February 25, 2021
Alabama
Alabama
Court Will Hear Case Involving Coastal Insurance Claims
(2007-09-06)
(APR - Alabama Public Radio ) - Policy language that a major insurance company invoked to deny Gulf Coast homeowners' claims after Hurricane Katrina is at the center of a case scheduled to be heard Thursday by a federal appeals court.

State Farm Fire and Casualty Company says its policies cover damage from hurricane-force winds, but not from rising water, and has refused to pay for any damage from Katrina's monster storm surge.

The Bloomington, Illinois-based insurer also says damage from a combination of wind and rising water is excluded from coverage.

Last year, however, a federal judge in Gulfport ruled this ''anti-concurrent cause'' policy language is ambiguous and therefore can't be enforced.

In the same ruling, Judge L.T. Senter Junior refused to throw out a lawsuit filed by John and Claire Tuepker.

The State Farm policyholders' home in Long Beach was reduced to a concrete slab by the Aug. 29, 2005, storm.

State Farm appealed Senter's ruling to the 5th U.S. Circuit Court of Appeals in New Orleans. A three-judge panel is scheduled to hear arguments today from attorneys on both sides of the case.

(Copyright 2007 by The Associated Press. All Rights Reserved.)
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