Although the insured recovered from her insurer for property damage caused by Hurricane Katrina, her claim for loss of personal property was denied because it was not timely submitted. See Williams v. Louisiana Citizens Fair Plan, 2012 La. App. LEXIS 599 (May 2, 2012).
After the hurricane struck, Louisiana Citizens paid the insured approximately $117,000 for her flood claim and $85,000 for immovable property damage and additional living expenses. Two adjusters visited her property and she attended a mediation with Louisiana Citizens. No mention was ever made of lost personal property. When the insured sued for breach of contract and additional damages for her immovable property, she did not allege damages to her personal property.
Finally, during settlement discussions, more than three years after Hurricane Katrina, the insured claimed to have lost personal property. At trial, the claims for the alleged personal property losses and for bad faith refusal to pay for the allegedly lost personal property were dismissed.
The appellate court affirmed. The insured waited more than three years after the storm to allege a loss of personal property. Further, she had stated in a complaint to the Louisiana Department of Insurance that FEMA had paid for her personal property.