Suit Over Flooding Cause Moved to New Orleans

March 20, 2006

A suit seeking to have a judge decide whether hurricane damage in the New Orleans area was a problem caused by man or an “act of God” has been moved to New Orleans federal court.

U.S. District Judge Frank Polozola decided during a recent hearing that the case should remain in the federal court system, but would be better handled in New Orleans, attorney Jerry McKernan said.

McKernan filed the suit shortly after Katrina struck the Gulf Coast on Aug. 29.

In addition to moving the case to New Orleans, Polozola also ruled that the Louisiana insurance commissioner should not be a defendant in the case and just three insurance companies – State Farm, Allstate and American – will remain as defendants.

At issue is the cause of damage to property during the hurricane. Most homeowners insurance policies say they do not cover damage caused by flooding. However, some attorneys have contended that since New Orleans was flooded by levee breaches, the damage was man-made and should be covered.

Information from: The Advocate,

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