Insured's Claim Is Perempted; Fraud Exception Does Not Apply, Federal Judge Rules

Insured's Claim Is Perempted; Fraud Exception Does Not Apply, Federal Judge Rules

NEW ORLEANS - An insured had constructive knowledge that its insurance agent did not procure the requested business interruption and extra expense (BI/EE) coverage upon receipt of a letter denying the insured's Hurricane Katrina claims under the nonexistent coverage, a Louisiana federal judge held May 22, finding that the insured's claim is perempted and the fraud exception does not relieve the insured from the effect of that peremptive period (Gulf South Medical & Surgical Institute Inc. v. Eagan Insurance Agency, Inc., et al, No. 11-1666 SECTION "L" (1), E.D. La.; 2012 U.S. Dist. LEXIS 71188).

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