Cori and Kerri Rigby have won their appeal and have been granted the ability to expand their claims of fraud regarding the adjustment of NFIP claims from Hurricane Katrina.1 The Fifth Circuit Court of Appeals found:… Continue Reading
Superstorm Sandy litigation revealed altered engineering reports concerning damage to homes ravaged by the storm, and now allegations of altered engineering reports are surfacing.… Continue Reading
Yesterday, I was up very early in the dark and flew from Tampa into a cool New Jersey morning in Newark – then drove down the Garden State Parkway along trees burning with red, yellow, and gorgeous shades of purple mixed with green. It is two years from the anniversary of Sandy’s fury, and we … Continue Reading
David Charles contacted me to help him and others regarding Superstorm Sandy flood damages. He is a veteran of many storms. He has been a catastrophe adjuster for over thirty years. There are some old timers in this activity, but David has a way with words to explain what he sees, knows and feels. I … Continue Reading
Cori and Kerri Rigsby keep beating State Farm in their Katrina Qui Tam litigation. This case is one of the final Hurricane Katrina cases still making news.… Continue Reading
Continuing with my nuts and bolts series on the statute of limitations, I’ve selected the boot of the Gulf Coast states, Louisiana. Louisiana has been hit hard in past years by the likes of Hurricanes Katrina, Rita, Ike, and other named wonders of weather. Due to the numerous claims made in recent years, Louisiana enacted … Continue Reading
One of the last remaining Hurricane Katrina cases is the Qui Tam litigation involving the Rigsby sisters’ allegations that State Farm fraudulently overcharged the government when handling NFIP flood claims. The Rigsby sisters alleged State Farm overpaid NFIP flood claims it adjusted to reduce the amount owed under the all risk policies State Farm issued. … Continue Reading
When people are placed in harm’s way and displaced, the emotional toll cannot be overstated. I thought about this after a Fox Business News interview this morning. Fox was following up on a piece I noted in Wednesday’s post, Hurricane Isaac Slowly Strikes. The reporter asked whether some may simply choose to move to avoid … Continue Reading
A statute of limitations determines the limit for when a lawsuit can to be filed. Failure to file by that deadline may bar the action forever. The statute of limitations was raised as a defense in a recent property insurance case in Mississippi, Greater Trueway Apostolic Church v. Church Mut. Ins. Co., 2012 WL 1143947 … Continue Reading
Property Casualty 360 posted a story by the Associated Press, describing the continuing saga of Louisiana Citizens Property Insurance Corporations’ Hurricane Rita and Katrina claims.… Continue Reading
In a recent case, a Louisiana Court of Appeal decided, among other issues, what damages policyholders were entitled to in a Hurricane Katrina claim. That sounds like a typical scenario, however to add some spice to the mix, the policyholders had sold the property following the loss. The case is Jouve v. State Farm Fire … Continue Reading
In yet another “which came first, the wind or the water” debate over hurricane damage, the Fifth Circuit Court of Appeals recently analyzed whether so called “self-serving” affidavits could be used to get the case past summary judgment and on to the jury.… Continue Reading
On September 1, 2011, the Fifth Circuit delivered an opinion which should remind everyone to renew their insurance policies if they expired or are about to expire.… Continue Reading
Some things just hit emotionally, leaving me wishing they weren’t true. I felt this way after learning of Judge Senter’s death. I recently wrote about his retirement in ATribute to Hurricane Katrina Judge Senter. It doesn’t seem fair that he could not have more fully enjoyed his retirement.… Continue Reading
Slabbed brought to my attention that U.S. District Judge Senter was retiring in Federal Judge L.T. Senter is Retiring. Ex Rel Rigsby to be Transfered to Another Judge. An unsung hero in the Katrina litigation, Sun-Herald investigative reporter Anita Lee, broke the story of Judge Senter’s retirement in U.S. District Judge Retiring and provided a brief biography of his … Continue Reading
Policyholders with flood and all risk policies usually do not have as many problems collecting benefits following a hurricane where wind and flood damaged a structure. Those with only one policy are not so fortunate. When the combination of payments from both policies is less than the cost to repair or when delays in payments … Continue Reading
Chip brought up the five year anniversary of Hurricane Katrina in his post last week titled, “The Hurricane Katrina Five Year Anniversary is Noted as New Hurricanes Lurk in the Atlantic Ocean.” The anniversary of Katrina will have special meaning to all who were affected by it, but this five year anniversary also has a … Continue Reading
Louisiana Citizens Property Insurance Company has settled a state class action case, Press v. Louisiana Citizens Fair Plan Property Insurance Corp., for failing to fully pay overhead and profit to insureds. The proposed settlement, for $23 million, covers claims from Hurricanes Katrina and Rita.… Continue Reading
Slabbed has been dogged regarding its reporting on the Mississippi qui tam litigation involving State Farm. A recent post, Rigsbys file “Motion to Reconsider Scope of Proceedings in Light of Evidence Adduced in Discovery” – ask Court for additional time to conduct Discovery into “the Scheme,” provides some insight regarding the flood adjustment techniques required … Continue Reading
The media is trying to scoop each other on the five year anniversary of Hurricane Katrina. In State Farm’s hometown of Bloomington, Illinois, the Pantagraph ran a story about State Farm’s Hurricane Katrina litigation. A massive and unfinished novel could be written on that subject. I found the article by Ryan Denhem, How State Farm Fought Through … Continue Reading
The Fifth Circuit Court of Appeals recently issued a 21-page opinion in the case of Consolidated Companies, Inc. v. Lexington Insurance Company, No. 09-30178, ___ F. 3d ___ (5th Cir. August 17, 2010). The opinion is dense, to say the least, but it resolves an issue that sometimes can make or break a settlement in business interruption claims.… Continue Reading