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ARCTIC SLOPE REGIONAL CORP. v. AFFILIATED FM INS. CO.

No. 08-30050.

564 F.3d 707 (2009)

ARCTIC SLOPE REGIONAL CORPORATION; ASRC Energy Services, Inc.; Omega Natchiq, Inc., Plaintiffs-Appellants, v. AFFILIATED FM INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 2, 2009.

Attorney(s) appearing for the Case

Jerald P. Block, Matthew F. Block, Block Law Firm, Thibodaux, LA, Madeleine M. Fischer (argued), Covert James Geary, Josesph J. Lowenthal, Jr., Jones Walker, New Orleans, LA, for Plaintiffs-Appellants.

Henry J. Catenacci (argued), Robert J. McGuire, Maureen O'Brien, Podvey Meanor, Newark, NJ, Joseph P. Guichet, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Defendant-Appellee.

Before JONES, Chief Judge, JOLLY, Circuit Judge, and MONTALVO, District Judge.

EDITH H. JONES, Chief Judge:

This appeal represents a variation on the court's previous insurance coverage decisions in Leonard v. Nationwide Mutual Ins. Co., 499 F.3d 419 (5th Cir.2007) and Tuepker v. State Farm Fire & Casualty Co., 507 F.3d 346 (5th Cir.2007). Appellants, the insured parties, admit that Hurricane Rita's storm surge in September 2005 flooded Omega Natchiq Inc.'s...

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