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Headline Catastrophic Loss Legal News from LexisNexis®

• Sanctions Were Reasonable, 5th Circuit Affirms; No Evidence Case Was Overstaffed
  NEW ORLEANS - Sanctions imposed against a plaintiff who filed duplicative and frivolous lawsuits against the State of Louisiana and sought damages caused by Hurricane Katrina were reasonable because a governmental entity can incur attorney fees even though it maintains a staff of salaried attorneys, the Fifth Circuit U.S. Court of Appeals said Dec. 2 (In re: Katrina Canal Breaches Litigation; Maureen O'Dwyer et al., v. Department of Transportation and Development, State of Louisiana et al., No. 08-30362, 5th Cir.; 2008 U.S. App. LEXIS 24492; See May 2008, Page 21). Full story on lexis.com
• Company May Be Liable For Failing To Properly Determine Flood-Hazard Area
  NEW ORLEANS - Because a flood zone determination was supplied for the guidance of others in a transaction and reasonable persons relied on that determination, a flood zone determination company may be responsible for failing to recognize that a couple's home was actually in a flood zone, the Fifth Circuit U.S. Court of Appeals said Dec. 2 (Neil Paul; Mary Dobsa v. Landsafe Flood Determination Inc., No. 07-60652, 5th Cir.). Full story on lexis.com
• Parties Settle Katrina Dispute After Ruling On Actual Cash Value
  NEW ORLEANS - Insureds seeking coverage for Hurricane Katrina damages settled their dispute with their insurer on Dec. 5 after a federal judge determined that the insureds are entitled to collect only the actual cash value for the damaged portion of their home because they did not repair, rebuild or replace the property but instead sold the property (Jonathan Treigle and Christine Treigle v. Allstate Indemnity Co., No. 07-9519, E.D. La.; 2008 U.S. Dist. LEXIS 88608). Full story on lexis.com
• Judge: Insured's Damages Are Limited To Sublimits Listed On Statement Of Values
  JACKSON, Miss. - Because an excess insurer's policy is a scheduled and not a blanket policy, coverage for an insured's damages incurred as a result of Hurricane Katrina is limited to the sublimits listed on the insurer's statement of values, a federal judge said Nov. 7 (Gulfport-Brittany LLC and Meredith April Matthews v. RSUI Indemnity Co., No. 07-1036, S.D. Miss.; 2008 U.S. Dist. LEXIS 91264). Full story on lexis.com
• Panel Affirms Ceiling Collapse From Vibrations Is Not Covered Loss
  NEW ORLEANS - A property's collapsed ceiling allegedly caused by continuous vibrations from trucks driving by over a period of months following Hurricane Katrina is not covered under a property policy, a Louisiana appeals panel held Oct. 29 (Danielle G. Weintraub, wife of/and Allan S. Weintraub v. State Farm Fire and Casualty Co., No. 2008-CA-0351, La. App., 4th Cir.; 2008 La. App. LEXIS 1421). Full story on lexis.com
• Condo Owner Has No Standing To Assert Claims Against Association, Insurer
  NEW ORLEANS - An individual condominium owner seeking compensation for Hurricane Katrina damages has no standing to assert claims against her condominium association, its president and its insurer because she is not a named insured on the policy at issue and cannot individually assert claims against the association and its president, a Fourth Circuit Louisiana Court of Appeal panel said Oct. 29 (Paulette M. Stall v. State Farm Fire and Casualty Co. et al., No. 2008-CA-0649, La. App., 4th Cir.; 2008 La. App. LEXIS 1467). Full story on lexis.com
• Insured Failed To File Suit Within 2-Year Statute Of Limitations
  NEW ORLEANS - An insured cannot maintain its claim for recovery of additional coverage for Hurricane Katrina damages because it failed to file suit within two years pursuant to the policy's statute of limitations provision, the Louisiana Fourth Circuit Court of Appeal said in affirming a trial court's ruling (Lila Inc., d/b/a Super K Food Store v. Underwriters at Lloyd's London, No. 2008-CA-0681, La. App., 4th Cir.; 2008 La. App. LEXIS 1191). Full story on lexis.com
• Breach Of Fiduciary Duty Claim Against Agent Perempted, Panel Rules
  NEW ORLEANS - A homeowners' breach of fiduciary duty claim against an insurance agent regarding flood coverage for Hurricane Katrina is perempted under Louisiana Revised Statute Section 9:5606, a Louisiana appeals court affirmed Oct. 1 (Louis and Joan Savoy v. State Farm Fire and Casualty Co., et al., No. 2008-CA-0182, La. App., 4th Cir.; 2008 La. App. LEXIS 1304). Full story on lexis.com
• Judge Dismisses Breach Of Contract, Bad Faith Claims Against Agency
  NEW ORLEANS - Dismissing claims for breach of contract, bad faith and intentional infliction of emotional distress, a Louisiana federal judge held Nov. 7 that homeowners failed to show that an insurance agency agreed to obtain new coverage before the events of Hurricane Katrina (Helen and Roland Bougere v. State Farm Fire and Casualty Co., et al., No. 07-03015, E.D. La.; 2008 U.S. Dist. LEXIS 90618). Full story on lexis.com