Federal Judge In Mississippi ’Storm Surge’ Case Upholds Home Insurance Flood Exclusion

U.S. District Judge L.T. Senter, Jr. of the Southern District of Mississippi denied a motion by plaintiffs Elmer and Alexa Buente for partial summary judgment in their lawsuit against Allstate Insurance Company. The Buente v. Allstate case centers on the actual cause of damage to the Buentes’ home during Hurricane Katrina. The court was asked to decide whether the entry of water into the plaintiffs’ home was within the language of the flood exclusions and found that it was. In the ruling, Judge Senter stated, "Since the water that entered and damaged the plaintiffs’ home was tidal water, I find that the damage caused by this inundation is excluded from coverage under the Allstate policy."