Topic: Catastrophe Claims

Connecticut Federal Court Rules that Certain Communications Between a Cedent and Reinsurer in a Hurricane Katrina-Related Case are Not Protected by the Work-Product Privilege

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. 

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Mississippi Court Denies State Farm’s Motion to Disqualify Dickie Scruggs and the Scruggs Katrina Group

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

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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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Katrina Business Interruption Loss Suit

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. 

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The Flurry of Katrina-Related Filings Before the Statute of Limitations Passed

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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Fifth Circuit Affirms District Court’s Decision in Leonard v. Nationwide and Enforces ACC Clause

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. 

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