Plaintiff owned a restaurant in downtown Nashville, Tennessee. Historic flooding occurred in May 2010,which included the flooding of of the Cumberland River in downtown Nashville. Plaintiff contends that on May 4, 2010, water began seeping up through the sewer lines into the business. OBE Insurance Corporation denied coverage.

   The policy excluded losses "caused directly or indirectly by flood." An endorsement provided coverage for direct loss or damage caused by "water that backs up or overflows from a sewer, drain or sump." The policy also had an anti-concurrent causation clause that read, "Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss."

   Plaintiff sued for breach of contract and bad faith refusal to pay the claim. QBE moved for summary judgment. QBE claimed that the policy excluded flooding, flooding was at least a concurrent cause of the loss and therefore was not covered. Plaintiff, on the other hand, argued that there was no proof that the loss was caused by anything other than water backing up through the drains.

   The court agreed that the anti-concurrent causation clause specifically excluded coverage for damage caused, directly or indirectly, by flood. The flooding from the drain was caused, at least in part and at least indirectly, by the record flooding experienced in Nashville. Therefore, Plaintiff's damages were not covered.