BAYLE v. ALLSTATE INS. CO.

No. 09-30161.

615 F.3d 350 (2010)

William BAYLE; Darlene Bayle, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 11, 2010.


Attorney(s) appearing for the Case

George Frazier (argued), New Orleans, LA, for Plaintiffs-Appellants.

Richard L. Fenton (argued), Sonnenschein, Nath & Rosenthal, L.L.P., Chicago, IL, Joe Boyd Henderson, III, Doyle, Restrepo, Harvin & Robbins, L.L.P., Houston, TX, Arthur Joseph Lentini, Law Office of Arthur J. Lentini, A.P.L.C., Metairie, LA, for Defendant-Appellee.

Before DAVIS, WIENER, and SOUTHWICK, Circuit Judges.


WIENER, Circuit Judge:

In this appeal, we are called on to address one of the recurring questions encountered in hurricane-related property insurance disputes that are governed by Louisiana law: When the insured and the insurer agree that both a covered risk and a non-covered or excluded risk caused some of the damage incurred by the insured property, which party must bear the burden of identifying the discrete item or items of property that were damaged and proving...

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