Insurance Reform - Louisiana Print


Policies in force: 481,643
Insurance in-force:
$100,534,081,700
As of January 31, 2009
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 State Farm tries again for a rate increase on Louisiana homes
By The Associated Press - Times Picayune, March 30, 2010

State Farm Fire and Casualty Co., the state's largest residential insurer, is asking for an average 9.9 percent rate increase for homeowners coverage in Louisiana.

The filing with the Department of Insurance comes just over a month after Insurance Commissioner Jim Donelon rejected the company's request for an average 19.1 percent rate hike. Donelon called that proposal unreasonable and unjustified.

State Farm received an average 8.3 percent increase last year in Louisiana after asking for 13.7 percent. 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 . . .

 
Citizens raises policy premiums
Statewide average boosted 18 percent

By Rebecca Mowbray - Times-Picayune, June 24, 2008

Homeowners insurance rates at Louisiana Citizens Property Insurance Corp. will increase by a statewide average of 18 percent in October as premiums at the state-sponsored insurer catch up with the dramatic run-up in prices from private companies after Hurricane Katrina. Read more . . .


Private insurers relieve Citizens
Insurance companies take post-storm load

By Rebecca Mowbray - Times-Picayune (New Orleans , Louisiana), June 3, 2008

Private insurance companies took over responsibility for about 28,000 policies in Louisiana Citizens Property Insurance Corp. as of Sunday, the start of the Atlantic hurricane season.
If a storm strikes this summer, those private companies will be the ones to handle people's claims, said John Wortman, chief executive of Citizens, the state-sponsored insurer of last resort. Read more . . .


New insurers seize opening
Consumers urged to assess reliability

By Rebecca Mowbray, Times-Picayune (New Orleans, Louisiana) June 1, 2008


While big insurance companies have mostly stopped writing new homeowners policies in south Louisiana, a renegade group of mostly start-up insurance companies is marching into the disaster zone to fill the void. Most of them hail from Florida, where about 25 new property insurance companies were formed in the last two years as big players exited the market. Read more . . .


Court rules in favor of Citizens
Insurer not bound to pay policy in full

 

By Rebecca Mowbray - Times-Picayune (New Orleans, Louisiana), May 22, 2008

Louisiana Citizens Property Insurance Corp. is not required to pay the full value of the homeowners insurance policy to a Vermilion Parish couple who lost their home in Hurricane Rita, the Louisiana Supreme Court ruled Wednesday. Read more . . .


Opinion on valued policy awaited
29 insurers: Law just applies to fires
By Rebecca Mowbray - Times-Picayune (New Orleans, Louisiana) May 21, 2008

A late-in-the-game curve ball in a key insurance case on Louisiana's controversial valued policy law has lawyers all over town wondering what the state Supreme Court might do if it issues an opinion today.

. . . In a surprise turn of events shortly after, Citizens and 28 other insurance companies banded together and adopted a position argued in an amicus brief by the American Insurance Association that the valued policy law only applies to fire losses, not windstorm losses. In other words, the valued policy law has no application to damage from Hurricanes Katrina and Rita. Read more . . .



Same house. Same repairs. Same insurer. Why different prices?
Evidence suggests Allstate pays far more for flood repair than for wind damage. The reason? The government picks up the flood tab, and the company minimizes its own payout.

By Rebecca Mowbray - Times-Picayune, May 20, 2007

For every dollar paid out of the federal treasury under flood, Allstate takes a credit and keeps a dollar. Essentially Allstate is profiting at the expense of the American taxpayer."
JOHN DENENEA
attorney for couple suing Allstate







Something about the insurance settlement on the Slidell townhouse seemed fishy to Chris Karpells, a prospective buyer who would be collecting the insurance money as part of the deal. As he pored over the fine print, what caught Karpells' eye was this: Allstate seemed to have two different ways of pricing the damaged repair costs, depending on whether the damage at 286 Marina Drive was chalked up to flooding or wind. Read more . . .


Inflated flood claim turns up at trial  
Allstate contents list is news to owners

By Rebecca Mowbray - Times Picayune (New Orleans, LA), May 20, 2008

Fishing poles and fancy furs weren't the issues at trial. Instead, Merryl and Robert Weiss had gone to court to fight the contention by their insurer, Allstate, that they were entitled to only a pittance under their homeowner policy because flooding, not wind, was largely responsible for the destruction of their home on Slidell 's Treasure Isle. But about a month before trial, Merryl Weiss realized there was something wrong with the payment for household contents that they had received on their obliterated Slidell home.

In making the claim under their taxpayer-subsidized National Flood Insurance policy, Weiss had given Allstate a handwritten list of belongings from the ground floor of the three-story house -- most of it rods, reels and other gear owned by her husband, a retired doctor who is a die-hard sport fisherman with a charter boat license. She valued the lost contents at $38,848.35. But as documents were being flashed in front of her for identification, Weiss was shown a typed property-loss worksheet totaling $139,562. Read more . . .


Citizens CEO gets 10% raise 
Insurer lines up catastrophe plan

By Rebecca Mowbray - Times-Picayune (New Orleans, Louisiana), May 13, 2008


BATON ROUGE -- Louisiana Citizens Property Insurance Corp. was able to collect an extra $4 million in reinsurance from the 2005 storms after discovering about 350 to 400 Hurricane Rita claims had been improperly classified as Katrina claims.
John Wortman, chief executive of the state-sponsored insurer of last resort, said Citizens was able to collect the extra money because it had exhausted all of its reinsurance on Katrina claims, but not on Rita claims. In recognition of Wortman's successes, including his recent unearthing of the extra reinsurance money, the board approved a 10 percent raise for him . . . Read more . . .


Below I-10, insurance hard to find, hard to fund 
By Mark Ballard - The Baton Rouge Advocate (Louisiana), May 11, 2008


The deductible for hurricane damage - the portion the homeowner pays before the insurance policy kicks in - rocketed from $500 to $11,000.
Read more . . .

Senate blows down wind insurance
New panel to study coverage on coast
By Bruce Alpert - Times-Picayune (New Orleans, Louisiana), May 8, 2008

The Senate on Wednesday overwhelmingly rejected an effort by Gulf Coast lawmakers to add wind coverage to the federal flood insurance program after some members expressed concern that the costs could bankrupt the program.

While the House had voted to include the expanded coverage, the Senate vote against the provision was 73-19. Read more . . .


Insurers to get Citizens policies  
Coverage moved to private carriers

By Rebecca Mowbray - Times Picayune (New Orleans,Louisiana) May 6, 2008

Responsibility for about 30,000 homeowners insurance policies is expected to be transferred from Louisiana Citizens Property Insurance Corp. to private insurers that won incentive grants from the state starting on June 1, shrinking the state-sponsored insurer of last resort to nearly its pre-Katrina size. Read more . . .


At Their Limit 
As local homeowners insurance rates continue to rise, the elderly and others on limited incomes are fighting to keep their finances afloat

By Rebecca Mowbray - Times Picayune, February 17, 2008

Lucille Segura couldn't have been happier when she moved back into her rebuilt Gentilly home in October after Hurricane Katrina filled it with 9 feet of water and sent her on a two-year journey from Baton Rouge to Maryland to Houston to a trailer in New Orleans. But now, the rising cost of homeowners insurance plus payments for flood insurance coverage that she lacked when the storm hit are making it difficult for her to stay. Segura, 69, pays $3,662 a year to properly insure her home, or $305 a month, while she earns just $617 a month from Social Security. Read more . . .



Not minding the store
EDITORIAL -
Times Picayune (New Orleans), February 02, 2008

 

The Federal Emergency Management Agency is stubbornly ignoring mounting evidence that it has poorly run the flood insurance program, and it's time the White House and Congress force the agency to change its ways.

For months reports from government investigators as well as whistleblower lawsuits have exposed how FEMA's lax management of the program is likely wasting billions in taxpayers' money. Yet to this day, the agency's brass refuse to investigate or correct problems. Their lackadaisical attitude with the taxpayers' money is unacceptable.

The most recent criticism came last week from the Government Accountability Office. In a report, the GAO pointed to the "inherent conflict of interest" that exists when the same private insurer determines flood damage, which is covered by the government, and wind damage, which is covered by the private insurer. GAO investigators concluded that insurers who provide wind coverage "have a vested economic interest" in determining which damage was caused by flood or wind. The report recommended that FEMA obtain wind damage files from private companies to check whether taxpayers have gotten fleeced. Read more . . .



 

GAO report warns of insurer bias on flood claims, recommends reforms
By Rebecca Mowbray, Times-Picayune (New Orleans, LA) January 31, 2008

An inherent conflict of interest exists when private insurance companies process claims for the National Flood Insurance Program, the Government Accountability Office said Wednesday. Read more . . .


Editorial: Where's the outrage?

Times Picayune (New Orlean,LA), June 10,2007 D

Despite eye-popping allegations that eight major insurance companies improperly shifted what could total billions of dollars in Katrina claims to the federal government's flood insurance program, no one in government seemed to be riled up about the matter. That should change now.
Read more . . .


Judge prods feds in flood insurance case
Justice Department urged to play active role in whistle-blower suit

By Rebecca Mowbray - Times Picayune, June 08, 2007

The federal judge who unsealed a whistle-blower case last month about insurance companies allegedly overbilling the National Flood Insurance Program is demanding that the U.S. Department of Justice get involved in the case or explain itself.
The unusual move comes from U.S. District Judge Peter Beer, who unsealed a case in which a group of former insurance adjusters say that they have collected evidence that insurance companies have defrauded taxpayers by overbilling the federal flood program while underpaying claims for Hurricane Katrina wind damage to save the companies money. Read more . . .


Insurers bilked flood program, suit says  
Adjusters say wind claims underpaid

By Rebecca Mowbray - Times-Picayune, May 31, 2007
 

A newly unsealed whistleblower lawsuit claims that at least eight major insurance companies in and their adjusters are ripping off the federal government by overbilling the National Flood Insurance Program for Hurricane Katrina flood damage while stiffing homeowners on wind damage payments under their homeowners insurance policies. Read more . . .


Inflated flood claim turns up at trial
Allstate contents list is news to owners
By Rebecca Mowbray - Times Picayune (New Orleans , LA), May 20, 2007

Fishing poles and fancy furs weren't the issues at trial. Instead, Merryl and Robert Weiss had gone to court to fight the contention by their insurer, Allstate, that they were entitled to only a pittance under their homeowner policy because flooding, not wind, was largely responsible for the destruction of their home on Slidell's Treasure Isle. Read more . . .


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