Catastrophe Claims

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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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Read More Louisiana State Appellate Court Tackles Valued Policy Law

Earlier this month, a federal district court in California granted an insured’s motion for partial summary judgment in a Katrina-related coverage case, holding that flood damage arising out of storm surge is not excluded under the policy’s flood exclusion. 

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Read More Storm Surge is Not Excluded by an Excess Policies Flood Exclusion According to a Federal Court in California

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

Oral arguments on appeal were recently heard on one of the first verdicts handed down in a Katrina-related insurance trial.  Arguments on the appeal of Leonard v. Nationwide Mutual Insurance Company were heard on August 6 before the Fifth Circuit Court of Appeals. 

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Read More Oral Argument Heard on One of the First Katrina-Related Insurance Trial Verdicts

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

Last week, the Senate Baking, Housing, and Urban Affairs Committee, in a voice-vote, approved a bill (The Commission on Natural Catastrophe Risk Management and Insurance Act of 2007) that would create a national commission to examine natural disaster risks. 

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Read More Senate Committee Approves Bill to Create Natural Disaster Commission

As we wrote about here, the Fifth Circuit heard oral argument on June 5 on the appeal of Judge Duval’s November 2006 decision on the enforceability of various policies’ flood exclusions.  On August 2, the Fifth Circuit issued its opinion and partially reversed Judge Duval’s decision. 

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Read More Fifth Circuit Rules in Favor of Flood Exclusions

Despite warnings from the Bush Administration, as reported here that it would not support any legislation expanding the National Flood Insurance Program (“NFIP”) to include windstorm coverage, the House Financial Services Committee approved the Flood Insurance Reform and Modernization Act of 2007 (H.R. 3121), which contains just such an amendment to the NFIP. 

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Read More House Panel Approves Bill to Amend NFIP