Homeowner Has Ultimate Burden to Identify Wind vs. Flood Damages


In Bayle v. Allstate Ins. Co., ___ F.3d ___, 2010 WL 3155921 (5th Cir. (La.) Aug. 11, 2010), the U.S. Fifth Circuit Court of Appeals, interpreting Louisiana law, addressed a “recurring question” in hurricane-related property insurance disputes: Who has the burden of identifying the portion of damages caused by a covered risk as opposed to the portion caused by a non-covered risk?

In 2005, Hurricane Katrina caused considerable damage to the homeowners’ property. The majority of the damage was caused by flooding, which was not covered under the homeowners’ policy at issue. Wind damage, which was covered under the policy, contributed to some missing shingles and broken windows. The insurer paid a sum to the homeowners for the wind-caused damages and the homeowners filed suit, alleging, among other things, that the insurer’s payment was inadequate. The district court granted the insurer’s motion for summary judgment based on the homeowners’ failure to proffer sufficient evidence to support their claim that additional, uncompensated damage was caused by wind, not flooding. The homeowners appealed.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sedgwick LLP | Attorney Advertising

Written by:


Sedgwick LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.