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PENTHOUSE OWNERS v. CERTAIN UNDERWRITERS AT LLOYDS

No. 09-60652.

612 F.3d 383 (2010)

PENTHOUSE OWNERS ASSOCIATION, INC., Plaintiff-Appellee, v. CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 15, 2010.

Attorney(s) appearing for the Case

John William Barrett, David Malcolm McMullan, Jr. (argued), Don Barrett, P.A., Lexington, MS, Dewitt Marshall Lovelace, Lovelace Law Firm, P.A., Miramar Beach, FL, Gary McKay Yarborough, Jr. (argued), Hesse & Butterworth, P.L.L.C., Bay St. Louis, MS, for Plaintiff-Appellee.

Paul Lindsey Fields, Jr. (argued), Richard Edward Zelonka, Jr., Fields, Howell, Athans & McLaughlin, Atlanta, GA, Whitman B. Johnson, III, Currie, Johnson, Griffin, Gaines & Myers, P.A., Jackson, MS, for Defendant-Appellant.

Charles G. Copeland, Timothy John Sterling, Copeland, Cook, Taylor & Bush, P.A., Ridgeland, MS, for U.S. Fid. & Guar. Co., Travelers Companies, Inc, and St. Paul Fire & Marine, Amici Curiae.

Judy M. Guice, Judy M. Guice, P.A., Biloxi, MS, for Rushing & Guice Properties, L.L.C., and Eushing & Guice, P.L.L.C., Amici Curiae.

Before JOLLY, SMITH and OWEN, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal arises from a claim for insurance coverage for damage caused by Hurricane Katrina. The district court interpreted a windstorm deductible endorsement in the appellee's insurance policy to require coverage for the destruction of the insured's buildings by Katrina's storm surge. Based on principles of insurance contract interpretation, under Mississippi law, we conclude that the deductible endorsement at issue here did not render...

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