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GREAT AMERICAN INS. CO. v. LOWRY DEVELOPMENT, LLC

No. 08-60312.

576 F.3d 251 (2009)

GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellant, v. LOWRY DEVELOPMENT, LLC, Defendant-Appellee. Lowry Development, LLC, Plaintiff-Appellant, v. Great American Insurance Company of New York, a subsidiary of American Financial Group, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 2009.

Attorney(s) appearing for the Case

Roy D. Campbell, III (argued), Justin J. Peterson, John Alexander Purvis, Bradley, Arant, Boult, Cummings, LLP, Jackson, MS, for Plaintiff-Appellant.

Thomas E. Vaughn (argued), Allyson Leah Vaughn, Vaughn, Bowden & Wooten, Gulfport, MS, for Defendant-Appellee.

Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

This is a policy coverage dispute between Lowry Development, LLC and Great American Insurance Company of New York. The damages creating the dispute were caused by Hurricane Katrina. Lowry sought recovery under its policy. We find that Lowry's policy did not include wind coverage. Accordingly, we REVERSE the district court's contrary determination.

I. BACKGROUND

Lowry,...

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