First the story; then the background in Louisiana law where you see familiar names such as Weiss and Sher.
Peter and Sandra Perrien own a home located at 426 Moonraker Drive in Slidell, Louisiana. The home sustained significant damage as a result of Hurricane Katrina. At the time of Hurricane Katrina, State Farm entities provided the flood insurance and the homeowner’s insurance on the Perriens’ property.
Following the hurricane, plaintiffs filed claims with State Farm under both the homeowner’s policy and the flood policy. State Farm paid plaintiffs the dwelling and contents limits under the flood policy and paid plaintiffs approximately $9,000.00 for damage to the roof and approximately $11,000 in additional living expenses under the homeowner’s policy. State Farm denied the remainder of plaintiffs’ claim under the homeowner’s policy on the basis that the other damage had resulted from flood, an excluded peril under the homeowner’s policy.
Thereafter plaintiffs filed suit against State Farm seeking to recover, the policy limits under their homeowner’s policy as well as damages for “[p]ast, present and future mental anguish and distress.” (Doc. 1-4, p.5).
State Farm filed a motion for partial summary judgment seeking the dismissal of plaintiffs’ claims for mental anguish and distress.
Now, here’s where it gets a little tricky for our friends in Louisiana – state law there applies to mental anquish and no doubt has caused much of same for those slabbed by Katrina, Rita or the levee. Continue reading “Federal court in NOLA rules against State Farm on claim of mental anguish”