Sher v. Lafayette ruling to be appealed

Not much of a surprise here.  According to this story by Mike Kunzelman of the AP, the insurer will appeal yesterday’s decision by a Louisiana appellate court that held the insurer’s flood exclusion was ambiguous.  I looked back on key parts of the opinion, and I’ve reached a conclusion — it is much more ambiguous than the insurance policy.  The challenge for the Louisiana Supreme Court will be to figure out what the lower court said.  In the story, Randy Maniloff has a good quote about how the court ignored recent rulings of the U.S. Fifth Circuit on ambiguity, including In re Katrina Canal Breaches, a case that is on the exact same issue — ambiguity of flood exclusions.  True, Louisiana state courts don’t have to follow federal precedent on issues of state law, but it would have been good analysis, not to mention good manners, to at least acknowledge the case and what it said. 

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