Insurance Reform - Louisiana 2009 Print


National Flood Insurance Program
Policies in force:                    481,643
Insurance in-force:
$100,534,081,700
As of January 31, 2009
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Louisiana Legislative And Hurricane Season Lacks Insurance Protection
By Jim Brown - Bayou Buzz, June 11, 2009

A dangerous hurricane season this year?  Forecasters are predicting nine to 14 named tropical storms with four to seven of them expected to be hurricanes. And three could be major.  Or as Dirty Harry would say: 44 Magnum hurricanes, the most powerful hurricanes in the world. So what is the Louisiana Legislature doing to give homeowners protection and relief?  Nothing.  It’s every homeowner for themselves.  So the only question you can ask is, do you feel lucky?
Read more . . .


Proposals could affect home insurance bills

By Jeremy Alford - The Daily Comet (LaFourche Parish) May 7, 2009

BATON ROUGE - A pair of Houma-Thibodaux area lawmakers saw differing results Wednesday for a similar set of bills that seek to add consumer protections on insurance policies that cover homes. Read more . . .


House approves change for 'named storm' deductibles

By Ed Anderson - The Times-Picayune, May 06, 2009

BATON ROUGE -- Homeowners should be hit with only one named-storm deductible during each hurricane season and not one for each storm, the House determined Wednesday.

By a 99-0 vote, lawmakers approved House Bill 333 by Rep. Chuck Kleckley, R-Lake Charles, chairman of the House Insurance Committee, sending it to the Senate Insurance Committee.

Under existing law, insurance companies can invoke a deductible for homes or businesses damaged after each storm or hurricane, totaling thousands of dollars of out-of-pocket expenses by policyholders, before claims are paid. Read more . . .


La. House Panel OKs Homeowners Insurance Deductible Restriction
Associated Press/Claims Journal, April 30, 2009

Insurance companies should be restricted in their use of so-called "named storm'' deductibles in Louisiana, even though the change will probably trigger a rate increase for homeowners, a House committee voted on Wednesday.

Insurers in Louisiana and other states have special deductibles that apply only to damage caused by hurricanes and tropical storms named by the National Hurricane Center. State law now allows firms to impose the deductible more than once per year if two or more named storms hit Louisiana in one hurricane season. Read more . . .


Appeals court allows class action against Citizens to stand
By Rebecca Mowbray - The Times-Picayune, April 27, 2009

A state appeals court has upheld the certification of yet another class action lawsuit against Louisiana Citizens Property Insurance Corp., this one charging that the state-sponsored insurer failed to pay contractor overhead and profit on claims from hurricanes Katrina and Rita.

The Orleans Parish case, Stephanie Press v. Louisiana Citizens Fair Plan Property Insurance Corp., is one of three hurricane class actions pending against Citizens. In total, the cases have the potential to award tens of millions to policyholders and create financial problems for Citizens, which can pass on bills to taxpayers if it does not have enough cash on had to fulfill its obligations.

John Wortman, chief executive of Citizens, said that the insurer plans to appeal the decision to the Louisiana Supreme Court. Read more . . .


La. homeowners face high insurance bumps
Insurers ask for double-digit hikes
By Ted Griggs - The Advocate, April 23, 2009

Hundreds of thousands of Louisiana homeowners could see double-digit insurance rate increases this year, the biggest rise since 2006, in the aftermath of hurricanes Katrina and Rita, insurance industry officials say.

Since December, at least a dozen insurers have asked the state to approve double-digit rate increases — the highest at 27 percent — and three have been approved, Louisiana Insurance Department records show. Read more . . .



Citizens passes on settlement in Katrina class action suit
By Rebecca Mowbray - The Times-Picayune, March 30, 2009

The board of Louisiana Citizens Property Insurance Corp. is engaged in a high-stakes gamble as it seeks to deal with two overlapping class action lawsuits over the state-sponsored insurer's handling of claims from the 2005 hurricanes.

If Citizens prevails, it says it will dispense with both suits for $35 million. If it loses, taxpayers could be on the hook for possibly hundreds of millions of dollars.

"It is a high-stakes gamble," Insurance Commissioner Jim Donelon said. "Rolling the dice gets us through the upcoming hurricane season while all of this plays out at the appeals court." Read more . . .


Judge orders Citizens Property Insurance to pay $92.8 million
By Rebecca Mowbray, The Times-Picayune March 25, 2009

Jefferson Parish Judge Henry Sullivan ordered Louisiana Citizens Property Insurance Corp. Wednesday to pay $92.8 million to 18,573 policyholders around the state whose Hurricane Katrina claims were not adjusted on time, formally placing a dollar value on the judgment he issued on Friday. Read more . . .


Policyholders limited in how low they can go with contents coverage
By Rebecca Mowbray - The Times-Picayune, March 22, 2009

Keith Brannon has been living a minimalist's life since Hurricane Katrina. Like many New Orleanians, Brannon dragged the entire contents of his house to the curb when his Broadmoor-Fontainebleau area home flooded and moldered in the storm. He has replaced only the bare essentials. "We don't have that much furniture because we're still finishing up the house," he said. "We have no junk."

So when he opened his insurance renewal and discovered that he's paying for $146,805 worth of contents coverage at his house, he called his insurance agent to reduce it. Brannon was shocked to learn that he can't. Read more . . .


Citizens told to pay plaintiffs
18,573 in Jeff may receive $5,000 each

By Rebecca Mowbray - Times-Picayune, March 21, 2009

A Jefferson Parish judge has ordered Louisiana CitizensProperty Insurance Corp. to pay what could be $92.8 millionin penalties to 18,573 policyholders in a class actionlawsuit because their Hurricane Katrina claims were notadjusted on time.

The Friday evening ruling by 24th Judicial District JudgeHenry Sullivan on a motion for summary judgment does notspecifically list the total to be awarded. But it lists thenumber of policyholders affected and under Louisiana law,the penalty for untimely adjustment of claims is $5,000 perviolation. Read more . . .


We already knew AIG chief didn't play fair
By Jarvis DeBerry, Columist, Times-Picayune (New Orleans, LA) March 20, 2009

According to the eternal laws of playground politics, it is perfectly acceptable for an aggrieved party to go to his friends and say of an offender, "Don't play with him no more."

Sometimes there's an instantaneous no-play-with pact. Just a simple "OK," no questions asked. At other times, though, the sought-after ally already has reasons not to play with the offender and can cite a history of obnoxious behavior.

So it is with insurance giant AIG and its Chairman Edward Liddy. Americans have had enough of corporate greed and insensitivity and this week began booing and hissing them loudly. But they're new to the game. We've been angry at Liddy for years. Read more . . .


AIG chief didn't always defend sanctity of contracts
By Rebecca Mowbray - The Times-Picayune, March 18, 2009

To many on the Gulf Coast, watching AIG Chief Executive Officer Edward Liddy talk about the sanctity of contracts in defending the award of $220 million in bonuses to employees at the embattled insurer was an ironic moment.

"How about that?" said Bob Hunter, a New Orleans native who is director of insurance at the Consumer Federation of America and author of a 2007 study documenting the decline of claims payout ratios at Allstate, Louisiana's second-largest insurer, during Liddy's tenure. "He's always disregarded contracts to maximize profits."

"It's rather ironic that Ed Liddy is espousing the sanctity of contracts when it serves the interests of the insurance company, but when the sanctity of contracts is violated from the homeowners' perspective, there's no obligation and it's up to the homeowners or the courts to enforce it, " said Johnny Denenea, an attorney for Slidell homeowners Bob and Merryl Weiss, who won a verdict against Allstate in the first insurance trial to be completed in federal court after Hurricane Katrina." he said. Read more . . .



5th Circuit upholds Katrina suit award
By Allen M. Johnson, Jr., - The Advocate (Baton Rouge, Louisiana), March 13, 2009

The 5th U.S. Circuit Court of Appeals has upheld a federal jury's award of $206,000 to a Plaquemines Parish couple for the 2005 loss of their Port Sulphur home after Hurricane Katrina.
Read more . . .

Appeals court reverses ruling that State Farm acted in bad faith
By Rebecca Mowbray - The Times-Picayune, March 12, 2009

A Port Sulfur couple whose home vanished in Hurricane Katrina won't be able to collect penalties, bad faith and attorneys fees from State Farm Fire & Casualty Co. after the 5th Circuit Court of Appeal overturned the finding that the state's largest insurer acted in bad faith in handling their claim.

The U.S. District Court decision forcing State Farm to pay Judy and Michael Kodrin the full value of their homeowners policy for wind damage still stands, but the appeals court ruling removes two-thirds of their original $356,318 award. Without penalties and attorneys fees, the Kodrins could have to cover the costs of litigation out of their remaining $117,084, meaning that they won't have much to show for their three-and-half-year ordeal.
Read more . . .


Court takes turn toward insured
Shift is attributed to storm experience
By Rebecca Mowbray - The Times-Picayune (New Orleans, Louisiana), March 8, 2009

View 5th U.S. Circuit Court of Appeal rulings against insurance companies that have gone in favor of the plaintiff.

After siding with insurance companies in early rulings after Hurricane Katrina, the 5th U.S. Circuit Court of Appeal has suddenly cranked out a stream of policyholder-friendly rulings in hurricane cases. Read more . . .

Scalise supports adding wind to flood insurance program
By CityBusiness staff reports - New Orleans City Business, (Louisiana) March 5, 2009

Rep. Steve Scalise is co-sponsoring a bill that seeks to add wind coverage to the National Flood Insurance Program. Read more . . .


Congressman Gene Taylor reintroduces bill that would allow federal government to sell wind coverage
By Rebecca Mowbray - The Times-Picayune March 03, 2009

With the deadline for re-authorizing the National Flood Insurance Program extended until September 30, Mississippi Gulf Coast Congressman Gene Taylor reintroduced his bill to allow the federal government to sell wind coverage Tuesday."At this point, anything we can do to relieve people's costs is going to be better than nothing," Taylor said. "I remain convinced that the nation can do it and charge less than what the private sector is charging." Read more . . .

Federal wind-coverage bid revived
Insurance called recovery barrier
By Rebecca Mowbray - Times-Picayune, March 04, 2009

With the deadline for reauthorizing the National Flood Insurance Program extended until Sept. 30, Mississippi Gulf Coast Congressman Gene Taylor reintroduced his bill to allow the federal government to sell wind coverage Tuesday."At this point, anything we can do to relieve people's costs is going to be better than nothing," Taylor said. "I remain convinced that the nation can do it and charge less than what the private sector is charging."

By combining coverage for tropical storms, hurricanes and flood in one policy, Taylor hopes to avoid the wind-versus-flood disputes that left homeowners in a jam after Katrina. He believes that such a move would free coastal states from being stymied by insurers who don't want to sell homeowners policies, and would allow states to spread risk more broadly than through last-resort insurers such as Louisiana Citizens Property Insurance Corp."The states can't handle it. Their exposure is enormous, and they can't spread the risk," Taylor said. "I know in South Mississippi, insurance is the No. 1 barrier to the recovery." Read more . . .


Property insurance increases expected
By Ted Griggs - The Advocate (Baton Rouge, Louisiana) February 28, 2009

Louisiana homeowners and businesses will see property insurance rates rise more this year than they have since 2006, in large part because of the financial meltdown, Insurance Commissioner Jim Donelon said. Read more . . .


Louisiana is one of the most expensive places in the nation for homeowners insurance
by Rebecca Mowbray - The Times-Picayune, March 02, 2009

Louisiana has the third-highest homeowners insurance premiums in the nation, according to the first assessment of prices after Hurricane Katrina by the National Association of Insurance Commissioners.The average homeowners insurance premium in Louisiana was $1,257 in 2006, an increase of 9.9 percent from the previous year and the third biggest increase in the nation.But Louisiana Insurance Commissioner Jim Donelon said that the 2006 figures don't reflect the wave of price increases after Katrina, because bills in 2006 would have been based on rates that were approved in 2005, before Hurricanes Katrina and Rita walloped the state. Read more . . .


Task force issues insurance report
ABA says insurers should offer options
By Rebecca Mowbray - Times Picayune, February 25, 2009

The American Bar Association recommends that insurers offer customers the option of buying insurance policies that cover flooding from storm surge to help cut down on legal disputes after events like Hurricane Katrina.The suggestion is part of a set of recommendations issued by the ABA's tort, trial and insurance practice section after a year and a half of study.

"The insurance industry needs to get creative in offering all kinds of policies, rather than just saying, 'No, we don't cover it,' " said Ed Sherman, a professor at Tulane Law School who served on the task force and helped draft the proposals. Read more . . .

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