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STEWART ENTERPRISES, INC. v. RSUI INDEM. CO., INC.

No. 09-30722.

614 F.3d 117 (2010)

STEWART ENTERPRISES, INC.; S.E. Cemeteries of Louisiana, Inc.; S.E. Funeral Homes of Louisiana, Inc.; S.E. South-Central, Inc.; Lake Lawn Park, Inc.; Lake Lawn Metairie Funeral Home, individually and as a joint venture between Stewart Enterprises, Inc., and S.E. Funeral Homes of Louisiana, Inc.; Stewart Resource Center, Inc.; Stewart Services, Inc.; Acme Mausoleum Corp., Plaintiffs-Appellants Cross-Appellees, v. RSUI INDEMNITY COMPANY, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 4, 2010.

Attorney(s) appearing for the Case

Campbell E. Wallace (argued), Everett R. Fineran, Jonathan C. McCall, Chaffe McCall, L.L.P., New Orleans, LA, for Plaintiffs.

Harry Alston Johnson, III (argued), Phelps Dunbar, L.L.P., Baton Rouge, LA, Andrew A. Braun, Brendan P. Doherty, Robert I. Seigel, Gieger, Laborde & Laperouse, L.L.C., New Orleans, LA, Celeste A. Hill, Clause Miller, P.C., Chicago, IL, Eric T. Krejci, Clause Miller, P.C., New York City, for Defendant.

Before HIGGINBOTHAM, DAVIS and BENAVIDES, Circuit Judges.

PER CURIAM:

This appeal presents a familiar dispute in the aftermath of Hurricane Katrina. Stewart Enterprises, owner of cemeteries, funeral homes and other commercial properties throughout New Orleans, brought this action against its excess insurer, RSUI, to recover for wind and flood damage sustained during the storm. The parties dispute whether RSUI's excess liability policy covers damage caused by flood, and if so, under what conditions. The district court found...

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