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· 8/2/2000

Alton Ochsner Medical Foundation v. Allendale Mutual Insurance

Citations

  • 219 F.3d 501
  • 2000 U.S. App. LEXIS 18371
  • 2000 WL 987007

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that an all-risk policy would cover damages sustained when insufficiently secured arches blew down in wind, as wind was an intervening cause that combined with defective workmanship to trigger damage
  • resulting loss clause generally applies only to damage that \result[s] fortuitously from events extraneous to the construction process\ (quotation omitted) (applying Louisiana law)
  • “[E]nsuing loss provisions . . . preserve coverage for damage different in kind from the defective workmanship that caused it.”
  • ensuing loss clause generally applies only to damage that “result[s] fortuitously from events extraneous to the construction process”
  • “To fall back within coverage as ‘resulting physical damage,’ the policy contemplates damage that is different in kind, not merely different in degree.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wiener, Stewart, Rosenthal

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.