In Re: Katrina Canal Breaches Litigation, No. 2:2005cv04182 - Document 15023 (E.D. La. 2008)

Court Description: INSURANCE (06-4703): ORDER AND REASONS granting 13818 MOTION for Entry of Judgment under Rule 54(b) filed by State Farm Fire and Casualty Company. Signed by Judge Stanwood R. Duval, Jr on 9/18/08.(Reference: INSURANCE (06-4703)(blg)

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In Re: Katrina Canal Breaches Litigation Doc. 15023 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE KATRINA CANAL BREACHES CONSOLIDATED LITIGATION CIVIL ACTION NO. 05-4182 PERTAINS TO: Mooney C.A. No. 06-4703 SECTION "K"(2) ORDER AND REASONS Before the Court is a Motion for Entry of Judgment Pursuant to the Court’s Post-Sher Case Management Order (Doc. 13818) filed by State Farm Fire and Casualty Company (“State Farm”). No opposition has been filed to this motion, and the Court finds the motion to have merit as the Louisiana Supreme Court in Sher v. Lafayette Ins. Co., No. 07-C_2441, 2008 WL 928486, at *6-7 (La. Apr. 8, 2008), and the United States Fifth Circuit Court of Appeals in In re Katrina Canal Breaches Consolidated Litig., 495 F.3d 191, 214 (5th Cir. 2007), have both essentially ruled that the exclusions in Louisiana homeowners’ insurance policies of coverage for damages caused by the flood that resulted form the various levee breaches in the aftermath of Hurricane Katrina are valid and unambiguous. Accordingly, IT IS ORDERED that the Motion for Entry of Judgment Pursuant to the Court’s PostSher Case Management Order (Doc. 13818) is GRANTED and judgment shall be entered in favor of State Farm Fire and Casualty Company and against Patrick S. Mooney and Rebecca Mooney dismissing this action with prejudice with each party to bear its, his or her respective costs. New Orleans, Louisiana, this 18th day of September, 2008. STANWOOD R. DUVAL, JR. UNITED STATES DISTRICT COURT JUDGE Dockets.Justia.com

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