A state appeals court in Louisiana has issued a ruling that under state law there are tough proof requirements for an insurer seeking to use flood exclusion language in a homeowner’s policy to avoid paying for a total loss.

The Third Circuit Court of Appeals in a 3-2 ruling, while ostensibly finding in favor of the state’s Citizens Insurance Company, sent the case back to the lower court for a trial, where it said the insurer will have to convince a jury that flooding, an excluded peril, was the total cause of loss.

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