Makers Of FEMA Mobile Homes Near Class Action Settlement

NEW ORLEANS - (AP) Companies that manufactured mobile homes for the Federal Emergency Management Agency after Hurricane Katrina are nearing a settlement to resolve thousands of claims that Gulf Coast storm victims were exposed to potentially dangerous fumes, court records show. A proposed class-action...

$2.6 Million Deal To Settle FEMA Mobile Home Claims

NEW ORLEANS - (AP) Companies that manufactured mobile homes for the Federal Emergency Management Agency after Hurricane Katrina have agreed to pay $2.6 million to resolve thousands of claims that the shelters exposed Gulf Coast storm victims to potentially dangerous fumes, according to a proposed...

Settlement Reached In Hurricane Katrina Class Action Lawsuit

NEW ORLEANS - (AP) A major New Orleans hospital and the company that owned it have settled a class action lawsuit in the deaths and injuries of patients who were stranded there during and after Hurricane Katrina. The settlement was reached Wednesday as lawyers were picking a jury to hear the case. Full...

Reed Smith LLP on Versai Management Corp. v. Clarendon America Insurance Co.: Proving Business Income Losses Through Company Officers and Not Forensic Accountants

By Richard Lewis, Partner, Reed Smith LLP In Versai Management Corp. v. Clarendon America Insurance Co. , the court concluded that a policyholder need not prove the magnitude of its Business Income claim through an expert forensic accountant, but instead could rely on the testimony of the company’s...

Louisiana High Court Answers Certified Question Regarding Post-Loss Assignment

NEW ORLEANS - (Mealey's) The Louisiana Supreme Court on May 10 found that although there is no Louisiana public policy that precludes an anti-assignment clause from applying to post-loss assignments, the language of the anti-assignment clause must clearly and unambiguously express that it applies...

Federal Judge Tosses Part Of Blackwater Lawsuit

ALEXANDRIA, Va. - (AP) A federal judge on Friday tossed out parts of a lawsuit filed by two former employees against the security company once known as Blackwater but is allowing key claims to proceed to trial. The rulings from U.S. District Judge T.S. Ellis III mean that, absent a last-minute settlement...

5th Circuit Panel Unable To Resolve Dispute Over Hurricane Post-Loss Assignments

NEW ORLEANS - (Mealey's) In light of the Louisiana Supreme Court's May 10 answer to a certified question regarding post-loss assignments, the Fifth Circuit U.S. Court of Appeals on June 28 found that it is unable to resolve an appeal by more than 200 insurers challenging approximately 151,000...

Settlement Reached In Patient Deaths After Katrina

NEW ORLEANS - (AP) A New Orleans judge has approved a $25 million settlement in a class-action lawsuit filed over the deaths of patients at a New Orleans hospital after Hurricane Katrina. The deal was reached between Tenet Healthcare Corp., which operated the former Memorial Medical Center, and lawyers...

Insurance Implications in the Wake of Hurricane Irene

After Hurricane Irene, individuals and businesses will face property losses and interruption of business and will look to insurers for coverage of these multi-faceted losses. To remain up-to-date on the coverage issues raised by Hurricane Irene and similar natural events, we invite our Community to access...

McCarter & English on Fifth Circuit Panel Affirms Award of Lost Business Income Based on Post-Loss Economic Conditions

By Mark D. Villanueva, Associate, McCarter & English, LLP The Fifth Circuit Court of Appeals in Berk-Cohen Assocs. v. Landmark Am. Ins. Co. , 2011 U.S. App. LEXIS 14911 (5th Cir. July 20, 2011) recently considered whether an insured may recover for business interruption losses based on a post...

LexisNexis Offers Insurance Resources in the Wake of Hurricane Irene

After Hurricane Irene, individuals and businesses will face property losses and interruption of business and will look to insurers for coverage of these multi-faceted losses. To remain up-to-date on the coverage issues raised by Hurricane Irene and similar natural events, we invite our Community...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – December, 2011

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings C.R. Pittman Constr. Co., Inc. v. Nat'l Fire Insurance Co. 2011 U.S. App. LEXIS 20002 [ lexis.com / lexisONE...

U.S. Supreme Court Denies Insurer's Motion To Stay Reinstated $92.9 Million Judgment

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 31 denied an insurer's motion to stay pending the filing and disposition of a petition for a writ of certiorari of a $92.9 million judgment that was reinstated against it in a class action lawsuit arising from hurricanes Katrina and...

SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes

By William T. Barker, Partner, SNR Denton In Oubre v. Citizens Insurance Co., a divided Louisiana Supreme Court resolved a split in the courts of appeals by holding that the statutory penalty for an insurer's failure to timely initiate loss adjustment may be assessed without any showing that...

5th Circuit: United States Not Immune From Liability For Katrina Flood Damage

NEW ORLEANS - (Mealey's) The Fifth Circuit U.S. Court of Appeals on March 2 affirmed a lower court's ruling that the United States is not immune from liability for certain plaintiffs' Hurricane Katrina flood damage under Section 702c of the Flood Control Act of 1928 and under the discretionary...

Larson’s Spotlight on Recent Cases: Claimant’s PTSD Claim Held Timely Four Years After the Fact

Larson's Spotlight on Mental Trauma, RICO and Exclusive Remedy, Safety Violations, Off-Duty Injury and Tort Action Against Employer . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law...

Supreme Court Refuses To Hear Insurer's Appeal Of Reinstated $92.9 Million Judgment

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 25 denied an insurer's petition for a writ of certiorari challenging the Louisiana Supreme Court's finding that every member of a class of more than 18,000 insureds was entitled to recover the maximum $5,000 civil penalty based...

Duane Morris: Key Ruling for Insurance Companies in Equitable Subrogation Action in U.S. District Court in Florida

In QBE Insurance Corporation v. Jorda Enterprises (Free Download), Judge Alan Gold of the U.S. District Court for the Southern District of Florida granted summary judgment to HVAC subcontractor Jorda Enterprises Inc., who was insured by The Hartford Insurance Company, in an equitable subrogation action...

State Net Capitol Journal – November 5, 2012

Budget & Taxes SANDY'S ECONOMIC TOLL COULD TOP $20B: New Jersey Gov. Chris Christie (R), whose state was among those hit hardest by Hurricane Sandy, said last week that the damage from the storm was going to be "almost incalculable." But economic analysts did their best to figure...

State Net Capitol Journal – November 5, 2012

Budget & Taxes SANDY'S ECONOMIC TOLL COULD TOP $20B: New Jersey Gov. Chris Christie (R), whose state was among those hit hardest by Hurricane Sandy, said last week that the damage from the storm was going to be "almost incalculable." But economic analysts did their best to figure...

Perkins Coie LLP on Court Confirms $20M Settlement with Louisiana Citizens for Late Claim Payments After Hurricanes Katrina and Rita

By Aaron D. Coombs, Associate, Perkins Coie LLP District Judge Kern Reece of Orleans Parish, Louisiana, approved a $20 million class-action settlement with Louisiana Citizens Property Insurance Company on January 30, 2013, for claims related to the insurance company's alleged untimely payment...

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

By J. Wylie Donald, Partner, McCarter & English Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice? Callow law students know little of the world. The doctrine is frequently needed and, as was learned...

U.S. High Court Denies Petition Disputing Government's Immunity In Katrina Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 refused to hear an appeal of a lower federal court's ruling that the application of the discretionary function exception (DFE) to the Federal Tort Claims Act (FTCA) completely insulates the U.S. government from liability for claimants'...

Flood Insurance Super-Storm Hit Oct. 1, Premiums To Surge

New Flood Insurance Rates and Map Changes To Drown Homeowners With Premium Surge, Subsidies To End I was recently working on a sale transaction in Wareham which went under agreement with no issues. As is common in that coastal area, the property is in Flood Zone with a subsidized flood insurance annual...

Hurricane Katrina Road Closed