Topic: Catastrophe Claims

Katrina: $5.5 Million in Damages Awarded by Texas Federal Court to an Insured Under a Second-Layer Excess Insurance Policy Regardless of Whether the Underlying Insurers Properly Paid their Limits

On July 9, 2009, a Texas federal court awarded in excess of $5.5 million in damages to an insured under a second-layer excess insurance policy, for claims arising out of Hurricane Katrina related damage. One of the main issues in contention was whether the second-layer excess insurer’s liability attached even if the underlying insurers had paid out their full limits of liability because they did not correctly determine coverage. 

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Katrina: Insurance Class Allegations Stricken in In re Katrina Canal Breaches Consolidated Litigation

On June 16, 2009, U.S. District Court Judge Stanwood R. Duval Jr. granted a request by insurers to strike class allegations asserted in In re Katrina Canal Breaches Consolidated Litigation (click here for a copy of the Order).  Judge Duval reasoned that the claims required individualized fact-specific inquiries which made them inappropriate for class certification. 

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UPDATE: Significant Hurricane Katrina-Related Trial Concluded in Louisiana Federal Court

The trial involving claims that the U.S. Army Corps of Engineers was negligent in its maintenance of the Mississippi River Gulf Outlet (MRGO), which we discussed here, concluded on May 14, 2009.  Judge Stanwood Duval, Jr. of the United States District Court, Eastern District of Louisiana, is expected to issue his ruling this summer in this non-jury trial. 

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New Jersey Senate Committee Begins Review of Catastrophe Fund Bill

Last week, the New Jersey Senate Commerce Committee began its review of the New Jersey Consumer Catastrophe Preparedness and Protection Act, S. 2089 (the “Bill”), by hearing testimony from representatives of the insurance industry and first responders.  We previously reported about a version of the Bill that was introduced last year, but was never enacted. 

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Significant Hurricane Katrina-Related Trial Under Way in Louisiana Federal Court

A trial involving claims that the U.S. Army Corps of Engineers was negligent in its maintenance of the Mississippi River Gulf Outlet began recently in Louisiana federal court.  (for a prior blog post regarding these claims, please click here).  The non-jury trial, in which Judge Stanwood Duval, Jr. will preside, is expected to last approximately four weeks. 

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