Louisiana Supreme Court Hears Flood Exclusion Arguments

On February 26, 2008, the Louisiana Supreme Court heard arguments in Sher v. Lafayette Insurance Company, et al. At issue: whether a homeowners flood exclusion extends to damages from floodwaters originating from a levee break. Gauthier, Houghtaling and Williams submitted an amicus brief to the state's highest court and attorney James Williams argued on behalf of the Louisiana Attorney General's Office when the case was before the Fourth Circuit Court of Appeal. The case has major implications for Louisiana residents and the Road Home program. Williams argued that the insurance industry requested a clarification of their exclusion in 2004, pre-Katrina, to specifically state that manmade causes were excluded, thus proving that the industry knew its exclusion was subject to varying interpretations. Only two insurance companies revised their exclusion before Katrina struck. James Williams discussed the issue on a local news station.

Click to view segment