Dickie Brennan & Co., Inc. v. Lexington Ins. Co.

W. EUGENE DAVIS, Circuit Judge:

This dispute concerns coverage for a type of business interruption insurance. The Appellants 1 (collectively “the Brennans”) brought suit against their insurer, Lexington Insurance Co. (“the Appellee”), when Lexington denied coverage for the Brennans’ losses incurred when they were unable to conduct business during a mandatory evacuation of New Orleans.

When the evacuation order was issued, Hurricane Gustav was approaching New Orleans from the Gulf of Mexico. Fortunately, New Orleans suffered only minor damage, and neither the Appellants’ nor their neighbors’…