Legal Opinion

Great American Insurance v. Lowry Development, LLC

Court of Appeals for the Fifth Circuit

Decided July 17, 2009No. 08-60312PublishedCited by 3 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

This is a policy coverage dispute between Lowry Development, LLC and Great American Insurance Company of New York. The damages creating the dispute were caused by Hurricane Katrina. Lowry sought recovery under its policy. We find that Lowry’s policy did not include wind coverage. Accordingly, we REVERSE the district court’s contrary determination.

I. BACKGROUND

Lowry, the insured, is the real estate developer of Tuscan Villas. The Villas are a two-condominium project located in Gulf-port, Mississippi. In early 2003, Great American issued Lowry a builder’s risk…

2Cases cited13 opinions

  1. Clark v. State Ex Rel. Miss. State Med. Ass'nMississippi Supreme Court · 1980
  2. Kerr-McGee Chemical Corp. v. BuelowMississippi Supreme Court · 1995
  3. Krebs by and Through Krebs v. StrangeMississippi Supreme Court · 1982
  4. Stewart v. Coleman & Co.Mississippi Supreme Court · 1919
  5. Bailey v. Al-MeftyMississippi Supreme Court · 2001

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lowry Development, L.L.C. v. Groves & Associates InsuranceCourt of Appeals for the Fifth Circuit · 2012
  2. City of Jackson, Mississippi v. Zurich American Insurance CompanyDistrict Court, S.D. Mississippi · 2021
  3. LISOWSKI v. WALMART STORES, INC.District Court, W.D. Pennsylvania · 2021

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