Saturday, September 06, 2008
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Catastrophe Central
Subject: Katrina Latest
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Ray HallUser is Offline
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Houston, TX
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Posts:808


03/20/2008 3:26 PM  

Steve to your knowledge was the Louisiana valued policy law for the peril of Fire only and a liquidated demand for the policy limit  on the building item only like the state of Texas ?

Just reviewing the flood policy which clearly states its, not a valued policy and since wind or flood is or should not be part of the Louisiana contracts for the "valued policy law, {fire only} the state judges should consider several more generations of policyholders in their overreaching rulings.

An adjuster bud is trying to insure his late mothers house in Norfolk, Va for the usual perils. It seems the property has water on three sides and has never flooded or been damaged by hurricanes in moden times. All of the carriers in Virginia are pulling back on all the counties near tidal waters in Virginia, not because of the history; but, because of the history of Maryland and Delaware in 03 and Louisiana and Mississippi in 05. Now ole Jeremiah Wright might call this "the chickens coming home to roost and be 100% correct".

 

 

Steve BeaumontUser is Offline
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Homeless Gypsy's-Fulltime RV travelers
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03/20/2008 4:11 PM  
Ray,

The VPL in LA has language in it that refers to it's application to "fire policies", but isn't specific like the 6.19 language in TX that specifically references that it is a liquidated demand as to the peril of fire. The case on appeal before the LA Supreme Court at this time (Landry) on the VPL issue doesn't have any argument in it that the VPL only applies to the peril of fire. The argument in that case is that there has be be damages from a covered cause of loss, and the damages from that covered cause of loss must render the risk a total loss for VPL to apply.
R .D. HoodUser is Offline
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New Hope, Pennsylvania
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Posts:210


03/20/2008 4:27 PM  

The eventual outcome of the cases that Steve alludes to will be posted on the following web site , when the Supreme Court renders its decision.

This may be sometime this month or perhaps longer, and this will surely affect the insurance industry in Louisianna.

If, in fact, the court rules in favor of the plaintiff's this will cause another tremendous riff in the "Katrina " Senario.

http://www.lasc.org/


"Anyone who has never made a mistake has never tried anything new... Albert Einstein"
Steve BeaumontUser is Offline
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Posts:284


03/20/2008 6:50 PM  
Thanks for putting the site up for all to view Dave. When there is a ruling, I'll put a note here so people can go in and read the it. I'll have word almost immediately since it impacts heavily everything I do right now.
Steve BeaumontUser is Offline
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04/07/2008 8:59 AM  

 

Well on Friday federal Judge Senter in MS dealt a huge blow to all the attorney members of the former Scruggs Katrina Group (KLG), now the Katrina Litigation Group after all the criminal problems that Scruggs has had.  Senter ruled that all of the remaining attorneys in the group are barred from representing any of the policyholders that have currently been involved with the group which numbers in the hundreds and maybe into the thousands, and basically the belief is that all the members of the group may be tainted due to the relationship they may have had with the Rigsby sisters, of the stolen SF documents fame.  Senter also barred the sisters from ever testifying on any case in which SF or EA Renfroe is a party to the action, and has also barred the use of any of the stolen documents from ever being used in any litigation.  Senter apparently relized that the hiring of the sisters as consultants was just a "sham" and that basically Scruggs was just paying witnesses $150,000 a year each which is a no-no.  Even though the remaining members of the KLG cut the sisters loose and quit paying them shortly after Scruggs left the group, the judge felt that they knew of the arrangement with them before that and went along with it.  He also gave the plaintiffs affected 45 days to find new attorneys to represent them or their cases will be dismissed without prejudice.  Basically that means that the Katrina Litigation Group will probably cease to exist, and all the remaining members of it, plus I sure the Scruggs Law Firm may be facing a lot of legal malpractice suits in the future if they can show their case had merit an they have been compromised by this.  On top of that, the current attorneys are probably out a few million dollars in expenses and fees that can't be recovered.

http://www.insurancecoverageblog.com/archives/first-party-insurance-judge-senter-disqualifies-katrinaless-litigation-group-ousts-rigsby-sisters-as-witnesses-in-southern-district-of-mississippi.html#discussionhttp://www.insurancecoverageblog.com/archives/first-party-insurance-judge-senter-disqualifies-katrinaless-litigation-group-ousts-rigsby-sisters-as-witnesses-in-southern-district-of-mississippi.html#discussionhttp://www.insurancecoverageblog.com/archives/first-party-insurance-judge-senter-disqualifies-katrinaless-litigation-group-ousts-rigsby-sisters-as-witnesses-in-southern-district-of-mississippi.html#discussionhttp://www.insurancecoverageblog.com/archives/first-party-insurance-judge-senter-disqualifies-katrinaless-litigation-group-ousts-rigsby-sisters-as-witnesses-in-southern-district-of-mississippi.html#discussion

R .D. HoodUser is Offline
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New Hope, Pennsylvania
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Posts:210


04/07/2008 3:10 PM  
Well, finally a decision, but with such a wide brush. It never ceases to amaze. Let the appeals begin, as certainly ALL of the lawyers were not cognizant of the conditions,
and to be lumped together like that, the decision maker must have some really serious evidence.

"Anyone who has never made a mistake has never tried anything new... Albert Einstein"
Larry WrightUser is Offline

Grand Bay (Mobile) Alabama
Member
Posts:54


04/07/2008 8:57 PM  
R.D.
This has been a news story for about 14 months. How could any of them have not known about it?

No one is absolutely worthless, at the very least you can serve as a bad example.
ALAN JACKSONUser is Offline

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Posts:11


04/08/2008 10:52 AM  
Does anyone know excatly how many cases these guys had filed? Or, how many people are looking for new lawyers?
Steve BeaumontUser is Offline
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Homeless Gypsy's-Fulltime RV travelers
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Posts:284


04/08/2008 11:57 AM  
I have heard that they may have had close to 200 still open at this time.
Steve BeaumontUser is Offline
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04/08/2008 12:50 PM  
The Sher decision has come down out of the Louisiana Supreme Court today in favor of the insurance carrier. The biggest issue on it was that the supremes ruled that a flood is a flood even if it was a result of a levee breach. To quote the opinion "The plain ordinary and generally prevailing meaning of the word "flood is the overflow of a body of water to cover an area that is usually dry. This definition does not depend on locality, culture, or even national origin-the entire English speaking world recognizes that a flood is the overflow of a body of water causing a large anount of water to cover an area that is usually dry land". One bad part of the decision was that it the underlying case found that 25% OH&P was reasonable and customary plus an additional 20% "contingency fee" for "unidentified costs in the construction jobs" was allowed. The supremes agreed with this finding, although it mentions that the this is based on "the plaintiff's expert's unopposed testimony, and why Lafayette didn't fight those issues in the underlying case is unknown.
I have put a PDF of the ruling in the download section of this site (I hope) for anyone who wants to read it. This is a huge ruling to come out as a ruling going the other way would have been catastrophic to insurer's and policyholders alike, to the insurer's in the immediate future and to the policyholders for a long time to come in terms of rates, lack of affordable insurance, etc.
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