A commentary on insurance coverage issues in Hawaii and beyond
The insured moved for summary judgment on bad faith because of the insurer's alleged delayed and incomplete payments after Hurricane Katrina destroyed property. See Plaquemines Parish School Bd v. Indus. Risk Insurers, No. 06-7213, 2009 U.S. Dist. LEXIS 20004 (E.D. La. March 11, 2009).
School buildings operated by the insured …
At issue in Monistere v. State Farm Fire and Cas. Co., No. 07-31149 (5th Cir. Feb. 17, 2009) [here] was whether the insured homeowners recovered the appropriate amount under their flood policy for damage caused by Hurricane Katrina in August 2005.
The State Farm policy covered: (1) buildings for the amount …
A prior post addressed Dickerson v. Lexington Ins. Co., 2008 U.S. App. LEXIS 26504 (5th Cir. Dec. 22, 2008), wherein the Fifth Circuit reversed its trend by issuing a Katrina-related decision in favor of the policy-holder. The Fifth Circuit recently upheld another decision in favor of policy-holders after Hurricane Katrina destroyed their home. See Grilletta …
Most of our prior posts regarding the efficient proximate cause doctrine arise from cases in Mississippi and Louisiana, two states heavily impacted by Hurricane Katrina. See, e.g. posts here, here, and here. Considering some creative arguments, the Sixth Circuit recently weighed in on the applicability of the efficient proximate cause doctrine under Michigan…
Two recent cases address a homeowner's ability to sue for an incorrect flood zone determination. Both cases confirmed the homeowner has no private cause of action under the National Flood Insurance Program for an alleged inaccurate flood determination. The door was left open, however, for state, common law claims under Mississippi law.
In the…
Our post last week (here) discussed Corban v. USAA, a case before Mississippi Supreme Court presenting an opportunity for the court to address the validity of the anti-concurrent causation clause under state law. Subsequently, slabbed.com, a Mississippi based-blog, put up a post (here) with additional background on the Corban case, including some of…
The battle has begun on whether the Hurricane Ike’s damage to the Texas coast was a result of flood or wind. Here is an interesting post from a Texas blogger suggesting that the litigation spawned by Hurricane Katrina may continue in the wake of Hurricane Ike.
Since the storm, Texas legislators…
After visiting Galveston last month, I registered concern about living on the island in this post. I never imagined the eye of a deadly hurricane would hit Galveston in my lifetime, let alone one month after my visit.
The reports and television images show near total destruction on Galveston Island. …
Although it had previously found a policy’s anti-concurrent causation clause to be ambiguous, a Louisiana federal district court reversed itself in Cameron Parish School Bd. v. RSUI Indemn. Co., 2008 U.S. Dist. LEXIS 64902 (W.D. La. Aug. 25, 2008).
The insured school board had several schools damaged by Hurricane Rita. …
Sometimes you read an opinion and ask why the case was ever filed. What was the plaintiff thinking? This was my impression in reading Vu v. National Fire Indemnity Exchange, Civil Action No. 07-6529, 2008 U.S. Dist. LEXIS 58820 (E. D. La. Aug. 4, 2008).
The insureds’ business, located in…
