Harrington v. State Farm Fire & Casualty Co.

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs-Appellants (“Appellants”) in these consolidated cases sought recovery under their respective homeowner’s policies for damage to their homes from Hurricane Katrina. The district courts read Appellants’ complaints as seeking damage caused only by flood and dismissed the complaints under Fed.R.CivP. 12(b)(6). We disagree with the district courts’ interpretation of the complaints and conclude that Appellants also sought recovery for unpaid wind damage. We therefore reverse and remand for further proceedings.

I. FACTS AND PROCEDURAL BACKGROUND

This…