Six Flags, Inc. v. Westchester Surplus Lines Insurance

KING, Circuit Judge:

Six Flags, Inc. appeals the district court’s order granting summary judgment in favor of seven of its property insurers. The parties primarily contest whether a sublimit in the relevant insurance policies that applies “as respects Flood” limits the insurers’ liability for loss and damage at Six Flags’s New Orleans theme park that resulted from flooding associated with Hurricane Katrina. The district court held that the sublimit applies to the flood loss and granted partial summary judgment for the insurers. We affirm in part, reverse in part, and remand.

I. FACTUAL AND…