Continuing its recent trend in post-Katrina cases to find for the policy-holder (see Dickerson v. Lexington Ins. Co., 2008 WL 5295389 (5th Cir. Dec. 22, 2008)[ reviewed hereGrilletta v. Lexington Ins. Co. 2009 U.S. App. LEXIS 276 (5th Cir. Jan. 8, 2009)[reviewed here]), the Fifth Circuit reversed an award of summary judgment in
Katrina
Insured’s Motion for Summary Judgment on Bad Faith Denied
By Tred R. Eyerly on
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 …
Damages For Mental Anguish Awardable for Delay in Adjusting Katrina Claim
By Tred R. Eyerly on
In a recent post, we discussed Dickerson v. Lexington Ins. Co., 2008 U.S. App. LEXIS 26504 (5th Cir. Dec. 22, 2008) where the Fifth Circuit determined damages for mental anguish were properly granted based on the insurer's bad faith delay in paying a claim after Hurricane Katrina. Dickerson controlled a subsequent decision by…
Fifth Circuit Again Holds in Favor of Policy Holder in Katrina-Related Dispute
By Tred R. Eyerly on
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 …
Katrina Canal Breaches Litigation Continues
By Tred R. Eyerly on
In one of the major Hurricane Katrina-related decisions, In Re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007), the Fifth Circuit overturned the district court’s decision that flood exclusion is ambiguous. Hundreds of claims are still being litigated in the district court where an order was recently entered dismissing duplicate claims. See In …
More on Corban Case and Anti-Concurrent Causation Clause
By Tred R. Eyerly on
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…
Mississippi Supreme Court to Decide Validity of Anti-Concurrent Causation Clause
By Tred R. Eyerly on
A case before the Mississippi Supreme Court asks whether the anti-concurrent causation clause in homeowners policies is ambiguous. See Corban v. United Services Automobile Association, No. 2008-M-645 (Miss.). The appeal criticizes and asks the Mississippi court to depart from holdings in the trio of Hurricane Katrina cases decided by the Fifth Circuit: …
Tulane University Seeks Coverage for Katrina Damage
By Tred R. Eyerly on
Three years after Katrina, Tulane University continues to be mired in litigation seeking coverage under its property policies for damage inflicted by the hurricane. In Ace American Ins. Co. v. Administrators of the Tulane Educational Fund, 2008 U.S. Dist. LEXIS 66299 (E.D. La. Aug. 29, 2008), the court decided several coverage issues…
Ninth Circuit Upholds Flood Exclusion in Katrina Case
By Tred R. Eyerly on
Following the Fifth Circuit, the Ninth Circuit recently found a flood exclusion to be unambiguous. See Northrop Grumman Corp. v. Factor Mut. Ins. Co., No. 07-56760 (9th Cir. Aug. 14, 2008).
The insured, Northrop, owned a shipyard in Pascagoula, Mississippi. Northrop's primary policy, issued by Factory Mutual, was an "all…
Katrina Cases from Mississippi Collected at Website
By Tred R. Eyerly on
A collection of important Katrina-related opinions and orders can be found at www.mssd.uscourts.gov/insurance.htm. The website features decisions issued by L.T. Judge Senter, Jr., a senior federal district court judge from the Southern District of Mississippi. Judge Senter has been at the center of much of the Katrina insurance litigation, handling a very…