Clause Does Not Operate Within $25M Limit, Panel Finds, Reverses In Part
NEW ORLEANS – A lower court erred in finding that a primary policy’s anti-concurrent causation (ACC) clause bars recovery for Hurricane Katrina damage caused concurrently by wind and flood within the primary and first excess insurance policy’s $25 million limit, the Fifth Circuit U.S. Court of Appeals held Aug. 4, reversing and remanding in part (Stewart Enterprises Inc., et al. v. RSUI Indemnity Co. Inc., No. 09-30722, 5th Cir.).
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