I hope he loses. The insurance company covers losses according to the policy. If flooding isn't there, it ain't covered. Most insurance companies don't cover flooding unless you purchase that specifically in the policy.
I managed to argue with the adjustor (through my agent) successfully by pointing out the HUGE payment they gave to Clinton for his "sexual harassment" policy, which paid for attorneys during impeachment. I threatened to write the papers in this heavily Republican area and point out the disparity of the settlements.
I think an argument can be made either way on Lott's home, but I am more concerned about the people who were outside the flood zone and still got a storm surge because of the force of Katrina. Therre was no reasonable reason for those people to have flood insurance, but they lost everything, and the insurance companies are trying to weasel out of those people's coverage as well.
Also, I would like to point out for those who don't know it, that if sewers back up in your home you are not covered by either normal insurance or flood insurance. I ran into this with customers I had several years ago and I discovered you need a separate rider for sewer back-up. If you have a basement, or live in areas that occasionally have this problem, or if you want to make sure you have all your bases covered, this is a rider that should be attached (at least this is the case in Indiana). Earthquake insurance is also something we carry for a nominal fee, because damage from an earthquake is not covered by your regular policy.