Katrina

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   The Fifth Circuit considered whether the district court properly determined that an excess policy covered flood, but that coverage was limited under the policy's anti-concurrent causation clause (post on district court's prior decision here).  The appellate court reversed in part and remanded.  Stewart Enter., Inc. v. RSUI Indem. Co., Inc., 2010 U.S. App. LEXIS 16555(5th…

   The Fifth Circuit asked the Louisiana Supreme Court whether a policy's anti-assignment clause prohibited post-loss assignments of policy rights.  See In Re: Katrina Canal Breaches Litigation, 2010 U.S. App. LEXIS 15603 (5th Cir. July 28, 2010).

   After Hurricanes Katrina and Rita, Louisiana distributed federal funds to homeowners under its "Road Home" program for repair…

   If the insured misrepresents that it owns the insured property, can the insurer void the policy?  In Grenoble House Hotel v. Hanover Ins. Co., 2010 U.S. Dist. LEXIS 75355 (E.D. La. July 26, 2010), the court denied the insurer's motion for summary judgment seeking to void the policy on misrepresentation grounds.

   Hanover…

   The Fifth Circuit considered the impact on coverage when an anti-concurrent causation clause seems to be contradicted by a "reverse" anti-concurrent causation clause in an endorsement.  See Penthouse Owners Assoc., Inc. v. Certain Underwriters at Lloyds, London, 2010 U.S. App. LEXIS 14531 (5th Cir. July 14, 2010).

   Penthouse's property was completely destroyed by Hurricane…

   Can an insurer remove the insured's state court suit based on supplemental jurisdiction arising under a homeowner's policy when the insured has also sued a separate insurer in federal court under a flood policy?  The Fifth Circuit held where the federal court lacked original jurisdiction, removal was improper.  See Halmekangas v. State Farm Fire and Cas. Co., 603 F.3d…

   Determining the "Cost of Replacement" of the insureds' home was before the court in Nunez v Allstate Ins Co., 2010 U.S. App. LEXIS 8362 (5th Cir. April 20, 2010). 

   The insureds' home in Louisiana was destroyed by Hurricane Katrina.  The insureds received flood policy limits of $75,000 for structural damage and $30,000…

   Plaintiff's home was damaged by Hurricane Katrina on August 29, 2005.  See Bridges v. EMC Mortgage Corp., 2010 U.S. Dist. LEXIS 18433 (S.D. Miss. March 2, 2010).  She filed suit against her insurer, Liberty Mutual.  In her amended complaint, the plaintiff added her mortgage company, EMC, as a defendant, alleging EMC failed to…

   The insured, Versai, managed apartments that were so extensively damaged by Hurricane Katrina that they were uninhabitable.  See Versai Mg. Corp. v. Clarendon Am Ins. Co., No. 08-30874, 2010 U.S. App. LEXIS 3479 (5th Cir. Feb. 19, 2010).  Versai notified its insurers and submitted claims with the assistance of its private adjusters and…