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 future hurricanes and flooding.


Continue Reading The Emotional Impact of Catastrophes

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 (S.D. Miss. April 4, 2012).

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

Property Casualty 360 posted a story by the Associated Press, describing the continuing saga of Louisiana Citizens Property Insurance Corporations’ Hurricane Rita and Katrina claims.

Continue Reading With $100 Million on the Line, Louisiana’s State Run Insurer of Last Resort is Turning to the U.S. Supreme Court

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 & Cas. Co., 2011 WL 3611800 (La. App. 4th Cir.).

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

In yet another “which came first, the wind or the water” debate over hurricane damage, the Fifth Circuit Court of Appeals recently analyzed whether so called “self-serving” affidavits could be used to get the case past summary judgment and on to the jury.

Continue Reading “Self-Serving” Affidavits Move Hurricane Damage Case Past Summary Judgment

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 legal career:

Senter, a University of Mississippi Law School graduate, served as a circuit judge before he was appointed to the federal bench by President Jimmy Carter in 1979.

He worked from 1980 to 1982 as a federal judge in Mississippi’s Northern District, then as the district’s chief judge from 1982 to 1998. He took senior status in 1998, and began traveling to the Coast in 2000 to help out with the caseload.

He moved to the Coast in 2002. After Katrina hit, he agreed to take on the insurance cases with the assistance of U.S. Magistrate Judge Robert H. Walker. Other judges had to recuse themselves from the cases because their homes suffered hurricane damage.

Continue Reading A Tribute to Hurricane Katrina Judge Senter

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 occur, numerous issues arise.

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

Chip brought up the five year anniversary of Hurricane Katrina in his post last week titled, “The Hurricane Katrina Five Year Anniversary is Noted as New Hurricanes Lurk in the Atlantic Ocean.” The anniversary of Katrina will have special meaning to all who were affected by it, but this five year anniversary also has a practical importance to anyone in Florida that is still attempting to put the pieces back together after Katrina, thanks to Florida’s five year statute of limitations on contract lawsuits. Fla. Stat. § 95.11(2)(b) requires that “[a] legal or equitable action on a contract, obligation, or liability founded on a written instrument…” must be commenced within five years.

Continue Reading Hurricane Losses and the Statute of Limitations