The House of Representatives’ Subcommittee on Oversight and Investigations held a field hearing in West Palm Beach, Florida regarding the “crisis related to availability and affordability of homeowners’ insurance in Florida and other disaster-prone areas.”
Read More Oversight and Investigations Subcommittee Holds Florida Field Hearing on Homeowners Insurance in Disaster Prone Areas
Catastrophe Claims
California Wildfire Decisions May Provide a Guide for Future Disputes – Part II: “Usually Situated” Language May Be Found Ambiguous
In the wake of the wildfires that devastated Southern California in October of last year, more than 22,000 insurance claims were filed, according to the Insurance Information Network of California. While the bulk of those claims may be for additional living expenses due to the mass evacuation of San Diego County, at least 1,500 homes were destroyed by the fires.
Mississippi Federal Judge Takes Punitive Damages Decision Away From Jury in Hurricane Katrina-Related Damage Trial
By Troutman Pepper Locke on
A Mississippi federal court judge in a hurricane Katrina-related damages trial recently refused to allow a jury to consider whether to award punitive damages against an insurer. …
Read More Mississippi Federal Judge Takes Punitive Damages Decision Away From Jury in Hurricane Katrina-Related Damage Trial
11th Circuit Reinstates Hurricane Class-Action Lawsuit
In Mills v. Foremost Insurance Co., No. 06-16458 (Jan. 4, 2008), the 11th Circuit recently overturned the dismissal of Florida hurricane victims’ class-action lawsuit relating to mobile home damages. The plaintiffs claimed that their insurer underpaid for the damage to their mobile homes. …
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House Approves Bill Eliminating Certain NFIP Subsidies
The United States House of Representatives passed H.R. 3959 (the “Bill”) on January 23, 2008, in an attempt to improve the actuarial soundness of the National Flood Insurance Program (“NFIP”). …
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Louisiana Completes First Round of Property & Casualty Incentive Program
By Troutman Pepper Locke on
As previously reported here, Louisiana launched the Insure Louisiana Incentive Program in an effort to attract more property and casualty and increase the private market capacity. The program provides grants ranging from $2 million to $10 million in matching funds to qualified property insurance companies.
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Read More Louisiana Completes First Round of Property & Casualty Incentive Program
Victory for Allstate in the Appeal of Smith v. Allstate
By Troutman Pepper Locke on
In its December 4, 2007 decision in Smith v. Allstate Indemnity Co., the Fifth Circuit Court of Appeals held that Allstate did not act in bad faith when it denied coverage for damage to Norris Edwards Smith’s home caused by storm surge during Hurricane Katrina. …
Read More Victory for Allstate in the Appeal of Smith v. Allstate
California Wildfire Decisions May Provide a Guide for Future Disputes
In the wake of the wildfires that devastated Southern California in October of last year, more than 22,000 insurance claims were filed, according to the Insurance Information Network of California. While the bulk of those claims may be for additional living expenses due to the mass evacuation of San Diego County, at least 1,500 homes were destroyed by the fires.
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Read More California Wildfire Decisions May Provide a Guide for Future Disputes
Governor Crist Assembles Trial Team To Review Insurers’ Compliance With Rate Reform
By Troutman Pepper Locke on
As one of his first actions upon taking office in January 2007, Florida Governor Charlie Crist asked the state legislature to increase the state’s hurricane catastrophe fund. Crist’s initiative was designed to lower insurers’ costs, and insurers, which bought reinsurance from the state, were supposed to pass their savings on to policyholders.
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Read More Governor Crist Assembles Trial Team To Review Insurers’ Compliance With Rate Reform
Louisiana Federal Court Orders State Farm to Pay Its Insureds’ Legal Fees in Bad Faith Katrina-Related Coverage Litigation
By Troutman Pepper Locke on
While there have been several pre-trial rulings from Louisiana federal courts on Katrina-related insurance coverage issues, the first such trial in Louisiana federal court took place recently. On November 7, 2007, a jury in the Eastern District of Louisiana awarded $365,000 to Michael and Judy Kodrin from their homeowners’ insurer, State Farm Fire Insurance Company.