Shavers-Whittle Construction, Inc. v. Fireman's Fund Insurance Company, No. 2:2006cv06968 - Document 10 (E.D. La. 2008)

Court Description: ORDER AND REASONS granting Motion for Entry of Final Judgment. Signed by Judge Stanwood R. Duval, Jr on 9/18/08.(blg)

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Shavers-Whittle Construction, Inc. v. Fireman's Fund Insurance Company Doc. 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE KATRINA CANAL BREACHES CONSOLIDATED LITIGATION CIVIL ACTION NO. 05-4182 PERTAINS TO: Shavers-Whittle Construction, Inc. C.A. No. 06-6968 SECTION "K"(2) ORDER AND REASONS Before the Court is Defendant’s Motion for Entry of Final Judgment (Doc. 13796) filed by Fireman’s Fund Insurance Company. The Court has been informed by William Crain, counsel for plaintiff, that there is no opposition 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-C2441, 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 Defendant’s Motion for Entry of Final Judgment (Doc. 13796) is GRANTED and judgment shall be entered in favor of Fireman’s Fund Insurance Company and against Shavers-Whittle Construction , Inc., dismissing this action with prejudice with each party to bear its 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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