The newly published Order and Reasons of Louisiana federal district Judge Eldon Fallon (Carpenter v State Farm) gives homeowners’ lawyers across the Country support for arguments to defeat a Motion for Summary Judgment on the mold and ALE provisions of a policy. Judge Fallon also reasoned State Farm can not declare a home habitable and cut off ALE when policyholders attempt to live in horrible conditions.
“…After the Plaintiffs evacuated during Hurricane Katrina, they returned home in September of 2005 to find that their house had been damaged by the storm. The house had not flooded, but the Plaintiffs reported other damage including roof damage and a carpet that was wet and moldy. From the time that they returned home in September until sometime in December, the Plaintiffs lived in their damaged home. In December, the Plaintiffs moved into a FEMA trailer on their property until April of 2006, when they moved to West Monroe, Louisiana. The plaintiffs still reside in West Monroe at this time… Continue reading Newly published Order and Reasons – …if Plaintiff is able to prove that State Farm acted in bad faith and that this led to mold damage, then Plaintiff may be able to recover for this damage.