Broussard v. State Farm Fire & Casualty Co.

523 F.3d 618 (2008)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
B
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Broussard v. State Farm Fire & Casualty Co.

United States Court of Appeals for the Fifth Circuit
523 F.3d 618 (2008)

  • Written by Genan Zilkha, JD
Play video

Facts

Norman and Genevieve Broussard (plaintiffs) owned a home in Biloxi, Mississippi. The Broussards’ home was covered by an open-peril homeowner’s policy with State Farm Fire and Casualty Company (State Farm) (defendant). The policy covered accidental direct loss to the Broussards’ home, but excluded loss caused by water damage. During Hurricane Katrina, the Broussards’ home was destroyed. The Broussards’ filed a claim with State Farm. The State Farm adjustor determined that greater damage was caused by flood than by wind and denied the Broussards’ claim. The Broussards sued State Farm, seeking, in part, reimbursement up to their policy limit. Following a jury trial, the Broussards and State Farm each moved for judgment as a matter of law (JMOL). The Broussards’ motion was granted. The district court determined that the destruction of the Broussards’ property was covered under the open-peril policy, because it was destroyed by Hurricane Katrina, a windstorm and a covered peril. The district court further held that State Farm had the burden of demonstrating that the destruction of the Broussards’ home was caused by an excluded peril and that State Farm had not met that burden.

Rule of Law

Issue

Holding and Reasoning (Clement, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 802,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 802,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 802,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Insurance Law

Key Terms