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Leonard v. Nationwide Ins. Co.

United States District Court for the Southern District of Mississippi, Southern Division

June 13, 2006, Decided

CIVIL ACTION NO. 1:05CV475 LTS-RHW

Opinion

ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION

The Court has before it the plaintiffs' motion to reconsider a portion of the order I entered on [*2]  May 17, 2006. Plaintiffs contend that my refusal to grant discovery concerning underwriting for Nationwide's "Hurricane Coverage and Deductible Provision Endorsement" was erroneous. My ruling on this issue was based upon my understanding that this endorsement is not part of the policy at issue in this case. After reading the memoranda in support of and in opposition to the plaintiffs' motion, it still appears to me that this endorsement, which was issued after Hurricane Katrina, is not a part of the plaintiffs' policy and has no bearing on any issue in this case.

Plaintiffs contend that the underwriting practices for this endorsement are relevant, despite the fact that the endorsement was sent to them after Hurricane Katrina. Plaintiffs contend, if I understand them correctly, that this endorsement somehow alters the coverage under their Nationwide policy. I do not agree with this assessment. The Nationwide policy now before the court provides coverage for damage caused by windstorms. A hurricane is a type of windstorm, and damages attributable to hurricane winds are covered by this policy. The scope of that coverage was not altered by the 1999 "Increased Wind/Hail Deductible" endorsement [*3]  nor by the 2005 "Hurricane Coverage and Deductible Provision Endorsement."

The Nationwide policy at issue in this case contains an exclusion for damages caused by water or by water-borne materials:

1. We do not cover loss to any property resulting directly or indirectly from any of the following. Such a loss is excluded even if another peril or event contributed to concurrently or in any sequence to cause the loss.

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2006 U.S. Dist. LEXIS 43198 *; 2006 WL 1674288

PAUL LEONARD AND JULIE LEONARD, PLAINTIFFS v. NATIONWIDE INSURANCE COMPANY, ET AL., DEFENDANTS

Subsequent History: Findings of fact/conclusions of law at, Judgment entered by, Dismissed by Leonard v. Nationwide Mut. Ins. Co., 2006 U.S. Dist. LEXIS 60079 (S.D. Miss., Aug. 15, 2006)

CORE TERMS

endorsement, coverage, Hurricane, Wind, water-borne, windstorm, reconsideration, underwriting, indirectly, premium, driven, peril, waves