Moment for moment, the greatest moment of all Thank you, Judge Ozerden; Judge Roper; Alford Clausen &amp McDonald for Lexington; and, last but not least, a standing O for Katrina’s plaintiff pro se

Katrina’s plaintiff pro se gave us the moment:

Damn all the odds!
…When I look back,I will always recall,
Moment for moment,This was the moment,
The greatest moment of them all.

Whatever Lexington offered, I believe the Company’s counsel Continue reading “Moment for moment, the greatest moment of all Thank you, Judge Ozerden; Judge Roper; Alford Clausen &amp McDonald for Lexington; and, last but not least, a standing O for Katrina’s plaintiff pro se”

Grit and grocer win $3.5 million – Ferrara v Lafayette Insurance (Corrected)

Credit the New Orleans firm Capitelli and Wicker with the grit to win a $3.5 million jury award for Ferrara’s Supermarket.  The grocer had been in business 99 years before the Elysian Fields location was destroyed by Hurricane Katrina.

Attorneys Carey Wicker and James Watkins brought home the bacon for the Plaintiffs with evidence  Lafayette’s engineer was not licensed to practice in Louisiana or supervised by a Louisiana licensed engineer as the law requires “direct control and personal supervision”.

While the engineer’s qualifications were clearly a significant issue, the Plaintiffs had a strong case against Lafayette.  A reader from New Orleans provided SLABBED with a summary of the case tried in State court:

During Hurricane Katrina, wind and driving rain opened spaces in the roof, walls, doors and windows of the supermarket, and water and moisture entered the premises causing extensive damage.

Additionally, uplift forces on the flat roof (wind blowing over parapet) caused structural damage to the north-facing wall of the building as well as roof framing members’ connection to that wall. That structural damage, solely caused by wind forces, rendered the building a total loss Continue reading “Grit and grocer win $3.5 million – Ferrara v Lafayette Insurance (Corrected)”

SLABBED Daily – June 4

As promised, more on the pro se plaintiff v anticoncurrent causation (Lexington/AIG) starting with Lexington’s position.

Lexington has a right under the insurance policy to deny payments for damage that was caused by (a) flood water (as defined by the policy) or (b) a combination of flood and wind…In other words, it matters not whether the egg or chicken came first…

The water exclusion and the anti-concurrent clause provisions are valid and enforceable under Mississippi law. See e.g., Tuepker v. State Farm Fire & Casualty Co., 507 F. 3d 346 (5th Cir. 2007); Leonard v. Nationwide Mutual Ins. Co., 499 F.3d 419, 428 (5th Cir. 2007).

Consequently, the anti-concurrent cause clause bars any claim, or parts of a claim, that Plaintiff may make regarding wind damage that preceded flood damage or for damage caused by flood or a combination of flood and wind.

Even if the wind first damaged a portion of the home which portion was thereafter flooded, there is still no coverage under the Lexington policy for the flood damaged portion of the home.

Oops, Lexington did not mention the Rooster’s decision! Continue reading “SLABBED Daily – June 4”

Becky Mowbray Profiles Recent Policyholder Court Wins in the Times Picayune

And of course such a profile had to include extensive quotes from Rick Trahant who needs no introduction here at Slabbed and Soren Gisleson whom Nowdy has had the opportunity to chat with via email. Louisiana Insurance Commish Jim Donelon throws a wet blanket on the Ike theory but then again Rick isn’t on Mr. Donelon’s Christmas list in any event. Here is the profile:

After siding with insurance companies in early rulings after Hurricane Katrina, the 5th U.S. Circuit Court of Appeal has suddenly cranked out a stream of policyholder-friendly rulings in hurricane cases.

In recent weeks, the region’s federal appellate court has affirmed an award in favor of a homeowner, overturned a decision in favor of an insurer, said that homeowners can collect mental anguish damages when insurers don’t pay, and revived a whistle-blower lawsuit alleging that insurers ripped off the government in paying flood claims.

The apparent change of heart has left many giddy plaintiff attorneys wondering whether the Texas judges involved in the favorable decisions have been moved by the experience of Hurricane Ike slamming their home state.

“Now, going to work, they see all the damage a Category 1 windstorm did to downtown Houston,” Rick Trahant said. “I think, as people, they can’t help but to be affected by what they’ve seen in their own state in Texas.” Continue reading “Becky Mowbray Profiles Recent Policyholder Court Wins in the Times Picayune”

Warr and Peace – of mind (just a little)

Catching up here after the weekend with this story from the Sun Herald reporting attorney Joe Sam Owen plans to request a delay in the trial of Gulfport mayor Brent Warr.

Mayor Brent Warr and his wife, Laura, will ask a federal judge to delay their trial on Katrina-fraud charges, Brent Warr’s attorney, Joe Sam Owen, said during a hearing Friday.

The Warrs are preparing for trial the first week in April. Brent Warr has said he will run for re-election this spring, although he has not filed papers to qualify.

Owen and Laura Warr’s attorney, Frank Trapp of Jackson, both said they expect to have mountains of paperwork to review before trial.

The expected mountains of paperwork will provide the peace of mind that comes with knowing exactly what it is the government is claiming – and until the hearing last week, the Warrs and their attorneys were uncertain of the exact claims and if they’d have the information before they went to court.

Owen and Trapp had filed a Motion for Bill of Particulars,  discussed here in Like a game of 20 questions, in an effort to find out the details of the charges related to the Warr’s homeowner’s coverage with Lexington Insurance.

The hearing was about four additional mail-fraud charges — “the Lexington charges,” the defense calls them — involving Lexington Insurance money paid to the Warrs…

Owen said the insurance company would not release any information to the defense. Continue reading “Warr and Peace – of mind (just a little)”

77-year-old Lexington (AIG) policyholder acting pro-se files hand-written complaint with federal court

I’m seldom at a loss for words; but, then again, none of mine are really needed.

The complaint (typed by yours truly) follows the photo of the heading from page one.  All identifying information has been blocked or removed.



Comes now, Plaintiff, xxxxxxxxx, Pro se, and for cause of action against the Defendant, Lexington Insurance would state: On June 1, 2005 I purchased an insurance policy which included Hurricane damage.

On August 29, 2005, Katrina rendered my home unlivable, and it was condemed by the City of xxxxx.

I had paid the premium for a year in advance and felt certain I would have no problem.  At first the agents sent out by the company agreed with me.  However, after they spoke with their home office things changed.   Continue reading “77-year-old Lexington (AIG) policyholder acting pro-se files hand-written complaint with federal court”