Nationwide appealed the trial court’s decision in November 2006. According to a Nationwide spokesperson, the appeal asks the court to reconsider technical portions of the ruling, and does not challenge the monetary award. The Leonards filed a cross-appeal a few weeks later. In July 2006, the Leonards dropped their appeal. Nationwide, however, chose to continue with the appeal of the finding on the anti-concurrent causation provision.
Nationwide, as well as many other insurers, has taken the position that their homeowners policies cover wind damage, but not where the damage arose from a combination of wind and water. In many of the Katrina-related cases, it is difficult to determine what damage was caused by wind versus water. Accordingly, whatever the court’s decision may be, the decision is likely to impact other Katrina claims.
For additional information on the trial court decision and related discussion, please click here.