Once again, Anita Lee comes through for the SLABBED – this time with news about Katrina litigation still active in State court. Hancock County Circuit Court Judge Lisa Dodson (Corban v USAA) issued an Order Concerning Summary Judgments with Findings of Fact and Conclusions of Law in Coastal Hardware and Rental, Co. v Underwriters at Lloyd’s, Statewide Insurance Services, Estate of Dan McManus, and John Does 1-25:
Coastal Hardware and Rental Co. has been fighting almost five years now to have its Katrina wind damage covered under a policy issued by Underwriters at Lloyds.
The case was headed to trial in Hancock County Circuit Court, after Judge Lisa Dodson issued a ruling that denied Lloyd’s motion to dismiss the case. The British insurer claimed its policy excluded wind coverage.
Dodson pointed out the policy had not arrived when Katrina hit. Under that circumstance, the policyholder rightly relied on a binder issued before the policy was mailed. Under exclusions, the binder listed only earthquake and mold. Further, an e-mail from Lloyds to the agent selling the policy said, “Please sell it based on the fact it is now All Risk coverage including Theft excluding Flood and Earthquake . . . ” Continue reading ““Policyholder wins round one” – Anita Lee reports on “Coastal Hardware v Underwriters at Lloyd’s…””