We covered this case extensively last January including the verdict. What we didn’t know then that we know now is that Dr Aiken makes a portion of his living as an expert witness for insurance companies against policyholders. The irony of this suit is not lost on us and I bet it plays out in unexpected ways for Dr. Aiken down the line. By all accounts the second home the Aiken’s lost was very nice indeed. In any event the jury award was not big enough for their liking so the Aikens are taking their case to the Fifth Circuit per this AP story picked up by the Sun Herald:
A federal appeals court has scheduled arguments for Feb. 4 in a Mississippi homeowner’s appeal of a jury verdict that favored his insurance company in a Hurricane Katrina damage case.
The 5th U.S. Circuit Court of Appeals will hear arguments in New Orleans in the appeal filed by David and Marilyn Aiken.
In 2008, a jury in Mississippi ordered USAA Casualty Insurance Co. to pay an additional $64,000 to the Aikens for wind damage to their Pass Christian home and its contents during the Aug. 29, 2005, hurricane.
The amount was only a fraction of the maximum $427,087 that jurors could have awarded to the Aikens for wind coverage under their USAA homeowner policy.
A federal judge refused to let jurors consider punitive damages against USAA.
And a big welcome back to all our San Antonio based readers.