GULFPORT, Miss - A Mississippi federal judge on May 27 denied relators' motion to dismiss an insurer's counterclaims in their qui tam action alleging that the insurer submitted false Hurricane Katrina flood claims to the U.S. government (U.S., ex rel. Rigsby v. State Farm Fire & Casualty Co., No. 06-433, S.D. Miss.; 2016 U.S. Dist. LEXIS 69924).
ELIZABETH CITY, N.C. - A North Carolina federal judge on May 3 held that an insurer committed breach of contract and acted in bad faith when it denied its insureds' Hurricane Irene claim, awarding the insureds $233,398 for their breach of contract claim and treble damages for their unfair and deceptive trade practices claim for a $700,194 total judgment against the insurer (Gary Woodson, et al. v. Allstate Insurance Co., No. 13-21, E.D. N.C.; 2016 U.S. Dist. LEXIS 59461).
GALVESTON, Texas - A Texas federal magistrate judge on April 28 granted an insurer's motion for summary judgment in a coverage dispute arising from the insurer's cancellation of a federal flood insurance policy following Hurricane Ike, dismissing with prejudice all claims against the insurer (Robert Spong and Kerry Spong v. Fidelity National Property and Casualty Insurance Co., et al., No. 10-228, S.D. Texas; 2016 U.S. Dist. LEXIS 56474).
NEW ORLEANS - A Louisiana appeals panel found April 20 that the loss of power to a hospital's cooling system following Hurricane Katrina is a single occurrence under a commercial general liability insurance policy and that an insured is responsible for only one retained limit of $50,000, reversing a lower court's ruling that the insured owed a separate retained limit for each claim related to the power outage (David Thebault v. American Home Assurance Company, et al., No. 2015-CA-0800, La. App., 4th Cir.; 2016 La. App. LEXIS 764).
NEW ORLEANS - Allegations of a subcontractor's defective work in the reconstruction of a high school after Hurricane Katrina raise the possibility of an insurer's duty to defend, a Louisiana federal judge ruled April 15, denying an insurer's motion to dismiss breach of contract and bad faith claims (Gootee Construction, Inc. v. Travelers Property Casualty Company of America, No. 15-3185, E.D. La.; 2016 U.S. Dist. LEXIS 50911).
WEST PALM BEACH, Fla. - A Florida appeals panel on March 23 granted an insurer's motion to rehear an appraisal dispute over Hurricane Wilma damage, modifying its ruling to hold that the notice requirement in Florida Statutes Subsection 627.7015(2) does not ripen until the insurer is on notice that there is a dispute relating to a material fact issue (State Farm Florida Insurance Co. v. Lime Bay Condominium, Inc., No. 4D13-4802, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 4529).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 22 upheld an insurer's calculation of an insurance policy deductible by taking 5 percent of the total insurable values of seven oil-and-gas properties damaged by Hurricane Isaac, concluding that the lower court properly relied upon the "ordinary meaning" of the policy term "total insurable values" (Saratoga Resources, Incorporated v. Lexington Insurance Co., No. 15-20343, 5th Cir.; 2016 U.S. App. LEXIS 5237).
NEW ORLEANS - A Louisiana federal judge on March 14 granted an insurer's motions for judgment on the pleadings and for summary judgment in an insured's breach of contract lawsuit arising from Hurricane Katrina property damage (Marion's Cleaners LLC v. National Fire & Indemnity Exchange, No. 11-2259 c/w No. 11-2376, E.D. La.; 2016 U.S. Dist. LEXIS 32389).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 15 reversed a lower federal court's $25,000 award plus interest in favor of an insured in a dispute over contents loss coverage, finding that the insured failed to submit the required signed proof of loss for the claimed damages stemming from Hurricane Isaac (Elvin Cummings v. Fidelity National Indemnity Insurance Co., No. 14-31125, 5th Cir.; 2016 U.S. App. LEXIS 723).
NEW ORLEANS - A majority of the Louisiana Supreme Court refused to disturb an appeals court's ruling that sustained a federal flood insurer's exception of lack of subject matter jurisdiction in a Hurricane Isaac coverage dispute, according to a Jan. 8 news release (Louis Rodriguez-Roble And Marisol Soto-Ayala v. American National Property and Casualty Co., No. 2015-C -1953, La. Sup.).
JACKSON, Miss. - A majority of the Mississippi Supreme Court on Jan. 7 affirmed an appeals court's rejection of an insured's bad faith and negligence lawsuit arising from her alleged loss caused by a casino barge that collided with her home during Hurricane Katrina (Cherri R. Porter v. Grand Casino of Mississippi Inc., et al., No 2010-CT-00307-SCT, Miss Sup.; 2016 Miss. LEXIS 3).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 8 affirmed a lower federal court's finding that an insured has failed to demonstrate that it submitted a properly documented proof of loss as required under its Standard Flood Insurance Policy (SFIP) in a coverage dispute arising from Hurricane Isaac damage (Construction Funding, LLC v. Fidelity National Indemnity Insurance Co., No. 15-30040, 5th Cir.; 2016 U.S. App. LEXIS 297).
WEST PALM BEACH, Fla. - A Florida appeals panel on Dec. 9 reversed a lower court's final judgment for "additional living expenses" against an insurer in a Hurricane Jeanne coverage dispute, finding that a hurricane coverage endorsement applied to the insureds' losses (State Farm Florida Insurance Co. v. Richard Moody, et al., Nos. 4D13-3377, 4D14-273 and 4D14-274, Fla. App., 4th Dist.; 2015 Fla. App. LEXIS 18405).
WEST PALM BEACH, Fla. - A Florida appeals panel held Nov. 18 that there are genuine issues of material fact regarding whether an insured was forced to file a breach of contract lawsuit against its insurer, reversing and remanding a lower court's ruling in a Hurricane Wilma coverage dispute (State Farm Florida Insurance Co. v. Lime Bay Condominium, Inc., No. 4D13-4802, Fla. App., 4th Dist.; 2015 Fla. App. LEXIS 17313).
NEW YORK - A captive insurer argued in a federal court in New York on Nov. 16 that its reinsurer should be compelled to arbitrate a Hurricane Sandy-related reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Nov. 6 affirmed a lower federal court's ruling that Texas insureds are not entitled to additional building flood damage arising from Hurricane Ike but reversed the lower court's finding that the insureds are owed $2,500 for damaged car parts (Brian Lowery, et al v. Fidelity National Property and Casualty Insurance Co., No. 14-40135, 5th Cir.; 2015 U.S. App. LEXIS 19443).
WASHINGTON, D.C. - The U.S. government on Oct. 30 filed a motion for the U.S. Court of Federal Claims to certify for interlocutory appeal its May 1 ruling that held the U.S. Army Corps of Engineers' construction, expansions, operation and failure to maintain a 77-mile-long navigational channel caused subsequent storm surge that was exacerbated during Hurricane Katrina and other storms and caused flooding on property that effected a temporary taking under the U.S. Constitution's Fifth Amendment (St. Bernard Parish Government v. The United States, No. 05-1119, Fed. Clms.).
NEW ORLEANS - The Louisiana Supreme Court on Oct. 14 found that the doctrine of lis pendens applies to plaintiffs' individual lawsuits even though they were not named parties or joined in first-filed Hurricane Katrina class actions, reversing and remanding a lower court's ruling that denied the insurer's exception of lis pendens (Thelma Aisola v. Louisiana Citizens Property Insurance Corp., 2014-CC-1708, La. Sup.).
HOUSTON - A Texas appeals panel on Oct. 13 affirmed a lower court's ruling that entered a take-nothing judgment against an insurer in a coverage dispute over the insured's roof and other damage allegedly caused by Hurricane Ike (John Davis d/b/a J.D. House Of Style v. National Lloyds Insurance Co., No. 14-00278, Texas App., 1st Dist.; 2015 Tex. App. LEXIS 10506).
GRETNA, La. - A Louisiana appeals panel on Sept. 23 affirmed a lower court's judgment that sustained a federal flood insurer's exception of lack of subject matter jurisdiction in a Hurricane Isaac coverage dispute (Louis Rodriguez-Roble And Marisol Soto-Ayala v. American National Property and Casualty Co., No. 14-CA-938, La. App., 5th Cir.; 2015 La. App. LEXIS 1810).
NEW ORLEANS - A Louisiana federal judge on Sept. 18 granted an insurer's motion to dismiss a bad faith claim in a lawsuit over alleged toxic mold exposure stemming from Hurricane Isaac, finding that the plaintiffs have not raised a genuine issue of material fact regarding whether they have a valid insurance claim (Steve B. Douglas, et al. v. Renola Equity Fund II LLC, et al., No., 13-6192, E.D. La.; 2015 U.S. Dist. LEXIS 124986).
AUSTIN, Texas - The Texas Supreme Court on Sept. 11 denied an excess insurer's motion to reconsider an earlier majority ruling that affirmed an appeals court's $7.5 million judgment in favor of the insured in a Hurricane Rita coverage dispute (RSUI Indemnity Company v. The Lynd Company, No. 13-0080, Texas. Sup.).
JACKSON, Miss. - A Mississippi federal judge on Sept. 10 granted in part and denied in part insurers' motion to exclude the testimony of three of an apartment building owner insured's expert witnesses in a coverage dispute over Hurricane Isaac damage (Seahorn Investments v. Federal Insurance Co., et al., No. 13-320, S.D. Miss., Southern Div.; 2015 U.S. Dist. LEXIS 120662).