Our courts are starting to remind me of one of the Greatest Moments in LSU Football – the 61-17 victory over the 1970 Ole Miss Rebels. Most of our cases, in fact, have been a lot like Archie after the middle of the third quarter. Not on the field. Similarly, many of our strongest cases have been injured by motions, settled, and sealed tighter than Coach Vaught’s toupee.
So, sports fans, let’s give a big geaux for the way Louisiana’s Third Circuit Court of Appeal tackled the issues in Farber v American National and another for their Supremes who looked at the writ for a replay, turned it down, and made the decision final today.
The Farbers‘ home in Vinton, Louisiana, was damaged during Hurricane Rita in the fall of 2005. They made a claim against ANPAC under their homeowner’s policy on September 26, 2005. ANPAC issued a check to the Farbers on January 23, 2006, in the amount of $23,224.66. By certified letter dated May 9, 2006, the Farbers made demand on ANPAC for an additional payment of $179,451.53 based upon a May 3, 2006 report from R & D Insurance Consultants, L.L.C.
As you will see, ANPAC’s $23, 224.66 was little more than a deposit – but what, pray tell, does the opposition to HR1264 have to offer in the way of consumer education that will prevent situations like this in the next disaster.
By certified letter dated May 15, 2006, the Farbers informed ANPAC that they were invoking the appraisal clause of the policy. Continue reading “Another victory for Louisiana policyholders!”