In a case arising out of Hurricane Katrina-related damages, the United States District Court for the District of Connecticut ruled that communications between a cedent and reinsurer that were prepared in the ordinary course of business are not protected by the work-product privilege.
Catastrophe Claims
Mississippi Court Denies State Farm’s Motion to Disqualify Dickie Scruggs and the Scruggs Katrina Group
By Troutman Pepper Locke on
On September 12, 2007, Judge L.T. Senter, Jr., sitting in the federal district court in Mississippi, denied a motion filed by State Farm Fire and Casualty Company 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.
Senate Banking Committee Approves Bill to Amend NFIP
The Senate Banking Committee has approved a version of the Flood Insurance Reform and Modernization Act of 2007 (the “Act”), which will now go to the entire Senate for a vote. The Act, which extends the National Flood Insurance Program (“NFIP”) through 2013, has several major differences from the House of Representatives’ version we previously reported about here. …
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Wind Loss Liability Verdict Leads To Settlement Of Katrina Suit Before Damages Phase
By Troutman Pepper Locke on
On September 28, 2007, a jury in an action venued in the United States District Court, Southern District of Mississippi, found that certain damage to the home of Kevin and Sherrye Webster was caused by wind, wind-blown debris and/or wind-driven rain, which were all covered perils under the Websters’ homeowners’ policy.
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Read More Wind Loss Liability Verdict Leads To Settlement Of Katrina Suit Before Damages Phase
Louisiana Launches $100 Million Property & Casualty Incentive Program
By Troutman Pepper Locke on
Louisiana has begun accepting applications from property and casualty insurance companies for grants under the Insure Louisiana Incentive Program. According to Louisiana Insurance Commissioner Jim Donelon, the program is designed to “attract more property and casualty providers to [Louisiana] and to increase the private market capacity by 15%.” …
Read More Louisiana Launches $100 Million Property & Casualty Incentive Program
Potential Class Action against State Farm and Its Claims Adjusting Software Company
By Troutman Pepper Locke on
Judge Stanwood R. Duval, Jr. of the United States district court of Lousisa federal district court sitting in Louisiana recently held that two homeowners could jointly file an amended complaint and proceed with their proposed class action lawsuit against State Farm Fire and Casualty Company and software company Xactware.
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Read More Potential Class Action against State Farm and Its Claims Adjusting Software Company
Katrina Business Interruption Loss Suit
By Troutman Pepper Locke on
A medical clinic located in New Orleans, Spine Care East, LLC, filed suit in a federal district court in Louisiana on August 24, against its insurer, Hanover Insurance Company. In the Complaint (click here to review the Complaint), Spine Care alleges that Hanover acted in bad faith by failing to properly compensate Spine Care for its business interruption losses sustained in the wake of Hurricane Katrina.
House of Representatives Passes Bill to Amend NFIP
Last week, the House of Representatives voted 263-146 to approve the Flood Insurance Reform and Modernization Act of 2007 (H.R. 3121), which, among other things, would allow homeowners to purchase windstorm coverage from the National Flood Insurance Program (“NFIP”).
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Read More House of Representatives Passes Bill to Amend NFIP
The Flurry of Katrina-Related Filings Before the Statute of Limitations Passed
By Troutman Pepper Locke on
August 29 was the last day that Louisiana residents could file lawsuits against their insurers alleging that their insurers did not properly adjust, or pay, their Hurricane-Katrina related claims. Louisiana had previously extended the time in which parties had to file lawsuits arising out of Katrina-related damage, on property claims from one to two years.
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Read More The Flurry of Katrina-Related Filings Before the Statute of Limitations Passed
Fifth Circuit Affirms District Court’s Decision in Leonard v. Nationwide and Enforces ACC Clause
By Troutman Pepper Locke on
As discussed here, the Fifth Circuit Court of Appeals recently heard oral argument on the appeal in the Katrina case of Leonard v. Nationwide Mutual Insurance Company. Last week, the Fifth Circuit affirmed the August 2006 holding of the district court, and held that most of the damage to the Leonards’ property was not the result of covered wind damage, but the Fifth Circuit disagreed with much of the district court’s rationale.