Tag Archives: Louisiana

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

Hurricane Issac Slowly Strikes

Hurricane Issac is slowly battering the Louisiana Coast and Mississippi Sound this morning. After initially making landfall at the mouth of the Mississippi River, it made a western jog back into the Gulf of Mexico. Then, it made a second landfall by Grand Isle.… Continue Reading

What Constitutes a Total Loss in Louisiana?

Continuing with the exploration of the definitions of “total loss” in different states, I turn this week to Louisiana. Unlike last week’s survey of limited Georgia case law on the issue, Louisiana has plenty. Given Louisiana’s propensity to be hit hard by major disasters, this is not surprising.… 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

Public Adjusting Profession Praised in New Orleans

WDSU.com, News Channel 6 from New Orleans, recently reported the story of one policyholder in Louisiana who was assisted by a public insurance adjuster. The article, “Public Adjuster Can Help Insured Get Payments,” relayed the story of Mr. Henry Quintanila. Three rental units he owned were badly damaged by fire. The insurance company, which was … 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

Oilpocalypse Now!

The estimates of oil escaping were far too low. At first it was, "we dodged a bullet." Then, it was 1,000 barrels a day. Then, 5,000. And now, 25,000 barrels a day are flowing from the ocean floor. The Wall Street Journal has been excellent in its reporting:… Continue Reading

BP Oil Spill Could Be Worse Than Any Hurricane Damage and Much More Widespread–Even the East Coast of Florida Could Be Impacted

I hate to make doomsday predictions, but there is a possibility that the BP Oil Spill could be worse than any hurricane or catastrophe that I have been involved with. I spent yesterday speaking with others about the current situation. Indeed, my father teaches those in the oil industry how to recover and react to … Continue Reading

Chinese Drywall Claims May Be Covered Under Homeowners Policy–Favorable Developments in Louisiana

First party insurance claims involving Chinese drywall have been given some hope from recent Louisiana trial court rulings. Two trial court rulings in Simon Finger and Rebecca Finger vs. Audubon Insurance Company, No. 09-8071 (Civil District Court for the Parish of Orleans, March 22, 2010), struck three affirmative defenses of the homeowners’ insurance company that … Continue Reading

Insurance Agents and Policyholders Need to Communicate and Share Information to Get Coverage Right

A recent Louisiana decision, Isidore Newman School v. J. Everett Eaves Inc., No. 2008-1368, 2009 La. App LEXIS 1469 (La. App. 4 Cir., Aug 5, 2009), underscores the need for insurance agents and policyholders to fully discuss insurance needs when selecting types and amounts of coverage. Insurance agents generally have a duty to exercise reasonable … Continue Reading

Federal Court Finds Lack of Diversity For Subject Matter Jurisdiction Against USAA

ISIDORE v. USAA INSURANCE COMPANY No. 09-1333, 2009 U.S. Dist. LEXIS 51410 (E.D. La., June 2, 2009)   Isidore’s home in Slidell, Louisiana was damaged in Hurricane Katrina. Isidore was originally included as one of several hundred improperly joined plaintiffs consolidated in the Federal District case, In re: Katrina Canal Breaches Litigation. When that case … Continue Reading