Broussard v. State Farm Fire and Casualty Company
United States Court of Appeals for the Fifth Circuit
523 F.3d 618 (2008)
Norman and Genevieve Broussard's (plaintiffs) Biloxi home, insured under an open-peril policy with State Farm Fire and Casualty Company (State Farm) (defendant) that covered wind but excluded water damage, was destroyed during Hurricane Katrina. State Farm's adjuster concluded flood damage exceeded wind damage and denied the claim; the Broussards sued for policy benefits. After a jury trial, both sides moved for judgment as a matter of law (JMOL); the district court granted the Broussards' motion, ruling the destruction was covered because it resulted from a covered windstorm peril and that State Farm hadn't met its burden of proving the destruction was caused by the excluded water peril.
Whether, once an insurance company advances evidence that a peril is excluded from coverage, the burden shifts back to the insured to prove the peril was not excluded.