In Tuepker v. State Farm Fire & Cas. Co., 2007 WL 3256829 (C.A.5 ( Miss. ), 2007), the insured owners of a house destroyed by Hurricane Katrina brought a diversity action against their insurer, State Farm, after State Farm's denial of their claim for that loss. The United States District Court for the Southern District of Mississippi denied State Farm's motion to dismiss, and State Farm sought interlocutory appeal.

 The Court of Appeals affirmed in part and remanded in part the trial court's decision.

 First, the court held that under Mississippi law, storm surge accompanying Katrina was within the insurance policy's water damage exclusion, which defined water damage as "flood, surface water, waves, tidal water, tsunami, seiche, overflow of a body of water, or spray from any of these, all whether driven by wind or not."