Topic: Catastrophe Claims

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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Louisiana State Appellate Court Tackles Valued Policy Law

A Louisiana state appellate court was recently faced with the question of the applicability of Louisiana’s Valued Policy Law in a Katrina-related case, in the case of Landry v. Louisiana Citizens Property Insurance Company, and the Louisiana state court followed the holding of the Fifth Circuit’s decision in Chauvin v. State Farm Fire & Casualty Co.  In so holding, the state appellate court ruled that insureds who suffered a total loss from a hurricane are not entitled to recover the full amount of their loss if the loss was due to both covered and non-covered perils. 

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Writ of Mandamus Requested Against New Orleans City Agencies, City Officials, and Related Insurance Companies

Katrina Justice, Inc., a New Orleans not for profit corporation, recently petitioned for a writ of mandamus in the Civil District Court, Parish of New Orleans, State of Louisiana.  The defendants in the civil action include the City of New Orleans, Mayor C. Ray Nagin,  the Orleans Parish School Board and Superintendent Darryl Kilbert, as well as unidentified insurance companies. 

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Scruggs In The News – Special Prosecutors Appointed to Prosecute Scruggs on Criminal Contempt Charges

As previously reported here, a Northern District of Alabama judge recently asked federal prosecutors to charge Mississippi plaintiff’s attorney Richard “Dickie” Scruggs with criminal contempt.  It is alleged that Scruggs violated a preliminary injunction issued in December 2006, which ordered him to turn over all documents secretly copied by two whistleblowers, Corgi Rigsby Moran and Kerri Rigsby. 

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