"Rainwater that comes in due to wind is considered wind damage, said Paul J. Cox, attorney for the Landrys.

District Judge Edward Rubin ruled that even if a homeowner's insurance policy said floods weren't covered, leaving that statement out of the application left the company liable for damage to a house destroyed by Rita's winds and floods.

"It means that if there is not a floodwater exception in the application, insurers have to pay the full amount of the policy if there is wind damage," Cox said."

Louisiana Citizens Property Insurance Corp. denied the claim because floodwater was excluded from their policy. The Landrys also alleged Citizens failed to mention this in their policy application.

Cox argued that the Louisiana Valued Policy Law, which applies when a home is destroyed, requires insurers to clearly explain the water-damage exclusion in applications, as well as policies.

Rubin ruled Monday that Citizens - Louisiana's insurer of last resort - must pay for the Landrys' home, but the judge had not handed down a written decision, Cox said.

The judge did not give any reasons for his ruling, but Cox said his own biggest argument was that the Valued Policy Law is part of every homeowner's policy written in Louisiana, and requires the information in the application.

"The statute requires that if you want to pay less than the full value of a policy in the event of a total loss, you must put the method of calculating the loss in both the policy and the application."

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