Rebecca Mowbray on Louisiana Insurance Litigation

There have been several reporters do excellent work on the societal issues Katrina brought to the fore here in the GO Zone. Chris Joyner at the Clarion Ledger has done several excellent stories on affordable housing issues for example. The list is too long to mention everyone but two reporters stand out from the rest to us here at slabbed for their coverage of the resulting Katrina insurance litigation, Anita Lee at the Sun Herald and Rebecca Mowbray at the Times Picayune. Today I highly recommend Ms Mowbray’s story Insurers Use Federal Cash to Help Pay Claims which contains a great synopysis of Louisiana insurance litigation. First she starts with a history lesson and then identifies the major issues:

The overarching question was whether the flood exclusions on insurance policies applied when the flood was caused by a levee breach. In other words, was a man-made flood a flood, and could insurance companies be held responsible for paying for it?

In August 2007, the 5th U.S. Circuit Court of Appeals upheld a lower court decision and said a flood was a flood. Homeowners’ insurance companies were off the hook, because people could have bought a flood policy from the government. Continue reading “Rebecca Mowbray on Louisiana Insurance Litigation”

Louisiana Supreme Court tries to nail jello to a tree with Landry decision

The upside of not getting a post on the Landry decision written as breaking news on Wednesday is not having to write a retraction later saying it wasn’t that clear-cut after all.

There’s no question in my mind that policy holders are not entitled to payment for loss that wasn’t covered by the policy they purchased. Consequently, after reading Rebecca Mowbray’s prelude to the decision, it seemed like the issue before the Court was fairly simple. The story published on-line after midnight Tuesday night and shortly after noon on Wednesday, Mowbray reported the Court had sided with the defendant, Louisiana Citizens Property Insurance Corporation and remanded the case to the trial court to be tried on the facts.

Mowbray published a more in-depth report about the ruling on Thursday and revealed the issue before the court was far from simple. Continue reading “Louisiana Supreme Court tries to nail jello to a tree with Landry decision”