Katrina
Chauvin vs. State Farm Fire and Casualty Company, et al.
Year: 2005
Court: U.S. District Court, Louisiana Eastern District
Case Number: Civil Action 05-6454 c/w 06-0177
Issue:
  • Anti-Concurrent Causation Clause
  • Katrina
  • Value Policy Law
State:
  • Louisiana

The Court must reject State Farm’s untenable and unsupported suggested interpretation of the VPL which, in effect, seeks to render the VPL inapplicable to situations where a covered peril and a non-covered peril were each involved in the total loss to a covered property. The…
Corban v. United Services Automobile Association a/k/a USAA Insurance Agency
Year: 2007
Court: Mississippi Supreme Court
Case Number: 2008-M-645
Issue:
  • Anti-Concurrent Causation Clause
  • Katrina
State:
  • Mississippi

Interlocutory Appeal. Addresses numerous issues: 1). In an “all risk” policy, once the insured proves that “a direct physical loss” was sustained, the insurer has the burden of proof to establish what portion of the “direct physical loss” was caused by a specifically excluded event…
Landry et al. vs. Louisiana Citizens Property Insurance Corporation
Year: 2007
Court: Louisiana Supreme Court
Case Number: Docket No. 2007-C-1908
Issue:
  • Katrina
  • Value Policy Law
State:
  • Louisiana

Value Policy Law requires the insurer to make full payment to the insureds regardless that the total loss was a result of a combination of covered and excluded perils under the insurance policy so long as the efficient proximate cause of the loss was a…
Sher vs. Lafayette Insurance Company et. al.
Year: 2007
Court: Louisiana Supreme Court
Case Number: Docket No. 2007-C-2443 and 2007-C-2441
Issue:
  • Ambiguity
  • Katrina
State:
  • Louisiana

The Shers had an “all risk” policy which extends coverage for all fortuitous losses, unless the policy contains a specific exclusion. A lower court considered a “flood” exclusion in the Lafayette all-risk policy and found it too ambiguous to exclude coverage for Katrina damage to…
Tuepker, John and Clare vs. State Farm Fire and Casualty
Year: 2007
Court: U.S. District Court, Mississippi Southern District
Case Number: 06-61075 and 06-61076
Issue:
  • Anti-Concurrent Causation Clause
  • Katrina
State:
  • Mississippi

Katrina case involving the “anti-concurrent clause” language in a State Farm policy and the burden of proof regarding exclusions. UP requested that the Court uphold the District Court’s opinion finding that the “anti-concurent causation” lead-in clause does not preclude coverage and imposing the burden on…