Archives: Hurricane Katrina

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The Nuts and Bolts of Louisiana Statute of Limitations on Property Insurance Claims

Continuing with my nuts and bolts series on the statute of limitations, I’ve selected the boot of the Gulf Coast states, Louisiana. Louisiana has been hit hard in past years by the likes of Hurricanes Katrina, Rita, Ike, and other named wonders of weather. Due to the numerous claims made in recent years, Louisiana enacted … Continue Reading

State Farm Found Guilty of Fraudulent Claims Conduct in Rigsby Qui Tam Case

One of the last remaining Hurricane Katrina cases is the Qui Tam litigation involving the Rigsby sisters’ allegations that State Farm fraudulently overcharged the government when handling NFIP flood claims. The Rigsby sisters alleged State Farm overpaid NFIP flood claims it adjusted to reduce the amount owed under the all risk policies State Farm issued. … Continue Reading

The Emotional Impact of Catastrophes

When people are placed in harm’s way and displaced, the emotional toll cannot be overstated. I thought about this after a Fox Business News interview this morning. Fox was following up on a piece I noted in Wednesday’s post, Hurricane Isaac Slowly Strikes. The reporter asked whether some may simply choose to move to avoid … Continue Reading

Mississippi Law Prohibits Parties From Extending Or Shortening Statute Of Limitations By Contract

A statute of limitations determines the limit for when a lawsuit can to be filed. Failure to file by that deadline may bar the action forever. The statute of limitations was raised as a defense in a recent property insurance case in Mississippi, Greater Trueway Apostolic Church v. Church Mut. Ins. Co., 2012 WL 1143947 … Continue Reading

Court Holds That Policyholders Are Entitled to Actual Cash Value Of Damages After Sale Of The Property

In a recent case, a Louisiana Court of Appeal decided, among other issues, what damages policyholders were entitled to in a Hurricane Katrina claim. That sounds like a typical scenario, however to add some spice to the mix, the policyholders had sold the property following the loss. The case is Jouve v. State Farm Fire … Continue Reading

A Tribute to Hurricane Katrina Judge Senter

Slabbed brought to my attention that U.S. District Judge Senter was retiring in Federal Judge L.T. Senter is Retiring. Ex Rel Rigsby to be Transfered to Another Judge. An unsung hero in the Katrina litigation, Sun-Herald investigative reporter Anita Lee, broke the story of Judge Senter’s retirement in U.S. District Judge Retiring and provided a brief biography of his … Continue Reading

Double Recovery and Actual Cash Value Analyzed in Katrina Wind Flood Scenario

Policyholders with flood and all risk policies usually do not have as many problems collecting benefits following a hurricane where wind and flood damaged a structure. Those with only one policy are not so fortunate. When the combination of payments from both policies is less than the cost to repair or when delays in payments … Continue Reading

Louisiana Citizens Property Insurance Loses Overhead & Profit Case

Louisiana Citizens Property Insurance Company has settled a state class action case, Press v. Louisiana Citizens Fair Plan Property Insurance Corp., for failing to fully pay overhead and profit to insureds. The proposed settlement, for $23 million, covers claims from Hurricanes Katrina and Rita.… Continue Reading

Flood Adjustment Methods Discovered in Qui Tam Case

Slabbed has been dogged regarding its reporting on the Mississippi qui tam litigation involving State Farm. A recent post, Rigsbys file “Motion to Reconsider Scope of Proceedings in Light of Evidence Adduced in Discovery” – ask Court for additional time to conduct Discovery into “the Scheme,” provides some insight regarding the flood adjustment techniques required … Continue Reading

The Hurricane Katrina Five Year Anniversary is Noted as New Hurricanes Lurk in the Atlantic Ocean

The media is trying to scoop each other on the five year anniversary of Hurricane Katrina. In State Farm’s hometown of Bloomington, Illinois, the Pantagraph ran a story about State Farm’s Hurricane Katrina litigation. A massive and unfinished novel could be written on that subject. I found the article by Ryan Denhem, How State Farm Fought Through … Continue Reading

Court Reduces Continuing Charges and Expenses From Net Profits When a Business Resumed Partial Operations After a Loss – Understanding Business Interruption Claims, Part 35

The Fifth Circuit Court of Appeals recently issued a 21-page opinion in the case of Consolidated Companies, Inc. v. Lexington Insurance Company, No. 09-30178, ___ F. 3d ___ (5th Cir. August 17, 2010). The opinion is dense, to say the least, but it resolves an issue that sometimes can make or break a settlement in business interruption claims.… Continue Reading
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