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Broussard v. State Farm Fire & Casualty Co.
Court of Appeals for the Fifth Circuit (2008) | 523 F.3d 618; 2008 U.S. App. LEXIS 7419; 2008 WL 921699
TL;DR: An insurer denied a Hurricane Katrina claim, attributing all damage to excluded floodwater. The court clarified that for 'open peril' dwelling coverage, the insurer must prove an exclusion applies, while for 'named peril' property coverage, the insured must prove a covered peril caused the loss.
Legal Significance: Clarifies the distinct burdens of proof under Mississippi law for 'open peril' and 'named peril' insurance policies in cases involving concurrent causes of loss, such as wind and water from a hurricane, and rejects a burden-shifting framework for policy exclusions.