Catastrophe Claims

Louisiana Appellate Court Holds that Insurer’s Water Exclusion is Ambiguous

By Troutman Pepper Locke on December 21, 2007

Posted in Catastrophe Claims, Coverage & Claims, United States

In the context of a Katrina-related claim, in its recent decision in Sher v. Lafayette Insurance Company, et al., a Louisiana state appellate court held that an insurer’s water exclusion was ambiguous and that the insurer could not deny coverage for water damage sustained to an insured’s property on the basis of the exclusion.

Scruggs Withdraws from 500 Katrina Coverage Cases

By Troutman Pepper Locke on December 7, 2007

Posted in Catastrophe Claims, United States

As we recently reported, Dickie Scruggs, along with his son and other colleagues, were recently indicted on charges in a judicial bribery case. Despite some media reports of Scruggs’ initial reluctance to withdraw from the representation of hundreds of policyholder clients in pending Katrina-related coverage lawsuits, Scruggs and his law firm have withdrawn their representation in these suits. …

Dickie Scruggs Indicted for Attempting to Bribe a Judge

By Troutman Pepper Locke on November 29, 2007

Posted in Catastrophe Claims, Coverage & Claims, Industry Developments, United States

On InsureReinsure.com, we strive to provide information about issues involving the insurance and reinsurance world and we rarely deal with criminal proceedings but there are instances, however, when alleged criminal activities become relevant to our industry.

We have blogged regularly about Richard (“Dickie”) Scruggs and the Scruggs Katrina Group, a group of attorneys representing thousands of policyholders in Katrina-related coverage disputes with their insurance companies.
Read More Dickie Scruggs Indicted for Attempting to Bribe a Judge

Fifth Circuit Affirms Denial of State Farm’s Motion to Disqualify Dickie Scruggs and the Scruggs Katrina Group

By Troutman Pepper Locke on November 28, 2007

Posted in Catastrophe Claims, Coverage & Claims, United States

Last week, a federal appellate court affirmed the denial of a motion filed by State Farm Fire and Casualty Company (“State Farm”) to disqualify Richard (“Dickie”) Scruggs, his law firm, and other attorneys and firms in the Scruggs Katrina Group from representing plaintiffs in the case of McIntosh v. State Farm Fire & Casualty Co. …
Read More Fifth Circuit Affirms Denial of State Farm’s Motion to Disqualify Dickie Scruggs and the Scruggs Katrina Group

Victory for State Farm in the Appeal of Tuepker v. State Farm

By Troutman Pepper Locke on November 20, 2007

Posted in Catastrophe Claims, Coverage & Claims, United States

In its recent decision in Tuepker v. State Farm, the Fifth Circuit Court of Appeals has held that State Farm’s anti-concurrent causation clause is unambiguous and should be enforced under Mississippi law.

KAMP RE Cat Bond About to be Triggered

By Troutman Pepper Locke on November 12, 2007

Posted in Catastrophe Claims, Industry Developments, Reinsurance, United States

Last week, Standard & Poor’s (“S&P”) revealed that a $190 million catastrophe bond issued by special purpose vehicle KAMP RE 2005 Ltd. (“KAMP RE”) on behalf of Swiss Reinsurance America Corp., (“Swiss Re”) is about to be triggered. …
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State Farm Sues Mississippi Attorney General Jim Hood

By Troutman Pepper Locke on November 12, 2007

Posted in Catastrophe Claims, United States

The Federal District Court for the Southern District of Mississippi recently unsealed the court record in a lawsuit filed by State Farm Fire and Casualty Company (“State Farm”) against the Attorney General of Mississippi, Jim Hood.

Louisiana AG Files State Antitrust Suit Against Insurers

By Troutman Pepper Locke on November 9, 2007

Posted in Antitrust, Catastrophe Claims, United States

On November 8, 2007, Louisiana Attorney General Charles C. Foti, Jr. announced that his office filed a petition in New Orleans Civil District Court suit against Allstate Insurance Company, Lafayette Insurance Company, Xactware, Inc., Marshall & Swift/Boeckh, LLC, Insurance Services Office, Inc., State Farm Fire and Casualty Company, USAA Casualty Insurance Company, Farmers Insurance Exchange, Standard Fire Insurance Company and McKinsey & Company for alleged violations of the Louisiana Monopolies Act. …
Read More Louisiana AG Files State Antitrust Suit Against Insurers

Louisiana AG Sues More Than One Hundred Insurance Companies Over Katrina-Related Damages

By Troutman Pepper Locke on October 31, 2007

Posted in Catastrophe Claims, Coverage & Claims, Extra-Contractual Liability, Regulatory, United States

On August 23, 2007, Louisiana Attorney General, Charles C. Foti, Jr. filed a lawsuit accusing over one hundred insurance companies of improperly denying Katrina related damages. The action was brought on behalf of homeowners who are eligible to receive funds through the Road Home Program (“Program”).

Hurricane Katrina Whistleblower Lawsuit Dismissed

By Troutman Pepper Locke on October 25, 2007

Posted in Catastrophe Claims, United States

On October 17, 2007, a federal court judge sitting in the Eastern District of Louisiana dismissed a Katrina-related whistleblower lawsuit (United States of America, ex rel. Branch Consultants, Inc. v. Allstate Insurance Company, et al., Case No. 06-4091 (E.D.La. filed August 2, 2006)).