U.S. Supreme Court Declines New Orleans Levee Flood Damages Case

February 20, 2008

  • February 22, 2008 at 9:51 am
    Saints Fan says:
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    Didn’t I say that some of my relatives were told that? One went along and didn’t purchase it and so she had to deal with the WRONG decision and live in another state with her niece. Her houses are gone and so is her father’s legacy. That was ignorance on her part. Another pays her insurance a year in advance and had flood insurance – Allstate tried to drop her but couldn’t once she and I forced the issue. So SHE knew better. I personally cannot control my own relatives and don’t want to. I try to tell them what to do but hard heads make for soft bottoms and some of them learned the hard way. Told you so and all that.

    I liked the Spike Lee documentary. What was Bush’s fault was not acting quickky enough and you didn’t need a documentary to see that. I know Louisiana is a corrupt state and the mayor of New Orleans isn’t any better so there are many vilians in the whole scenario. Please re-read THAT part of my former commentary. I have moved on and so has my family. For those that want to continue to sue, well they’ll end up paying more for the attornies than keeping any for themselves. Good luck with that…

  • February 22, 2008 at 10:25 am
    the right people says:
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    I lived in Baton Rouge when Katrina struck. From what I remember hearing on the radio and reading in the newspapers, President Bush was trying to work with Governor Blanco to allow the federal government to legally take control of the disaster preparations before Katrina made landfall. By law, a disaster of this type is a state matter and the federal government cannot just swoop in without the state agreeing to it. The governor delayed accepting this offer because it would POLITICALLY benefit the president and make it look like the elected democrats in the state and New Orleans city government were inept.

    The City of New Orleans had a disaster response plan and had planned for an evacuation using the city’s school buses. Remember the picture of the school bus rooftops just above the floodwaters? Mayor Nagin decided those being evacuated should be riding in comfort and he demanded that the federal government commandeer Greyhound buses BECAUSE they were air-conditioned and the city’s buses were not. The mayor’s grandstanding was ill-timed at best and inexplicably stupid at worst.

    After the floods, one elderly man interviewed from the Convention Center said he didn’t understand why the city did not come to take him and everyone else away. He said they were told it was a mandatory evacuation and so they were waiting for the city to come get them. This is damning evidence of fifty years of government handouts in New Orleans.

    Another part of the non-executed disaster response plan was the transfer of prisoners. There was to have been an orderly transfer to other prisons. When Katrina came along, the cell doors were opened to the rapists and murderers behind bars and the prisoners were told to fend for themselves. This explains why stores were looted for weaponry and why snipers were shooting at helicopters.

    Is President Bush blameless? No – where I see he erred is in throwing BILLIONS at New Orleans. What would he do if San Franscisco had fallen into the Bay because of an earthquake the week after Katrina had hit? Throw BILLIONS there too?

    However, the initial responsibilty rests with the democrat administrations of the New Orleans mayor and the governor of Louisiana.

  • February 24, 2008 at 8:05 am
    Retired says:
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    In reading all of the commennts about claims not being paid. I think our hats should be taken off to all of the adjusters that settled 1,700,000 claims in which insurers paid over $4.6 billion in claims.

  • February 25, 2008 at 9:20 am
    ad says:
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    For those of you who are interested, this isn’t the entire article, so I’ve given the link.

    http://www.nola.com/news/index.ssf/2008/02/2_la_insurance_lawsuits_may_ro.html

    2 La. insurance lawsuits may rock legal world
    by David Hammer, The Times-Picayune
    Sunday February 24, 2008, 8:17 PM
    By David Hammer
    Staff writer

    For thousands of Louisiana hurricane victims still battling their insurers over policy interpretations, Tuesday is the biggest of judgment days, with millions of dollars and, possibly, the future of the state’s insurance landscape at stake.

    The state’s high court will hear its first Hurricane Katrina insurance payment case Tuesday, and later in the day, will hear its first Hurricane Rita insurance case. And if the Supreme Court rules in favor of policyholders in either case, it would trump federal court rulings in similar cases that have gone in favor of insurance companies.

    Federal courts will have to follow the state Supreme Court’s rulings in these state-law cases, said Edward Sherman, a former Tulane Law School dean who has monitored the litigation. There are dozens of federal cases still pending that would be immediately affected if the Louisiana Supreme Court bucks the federal ruling in either case, he said.

    The most significant case for New Orleans area residents is Joseph Sher’s lawsuit against Lafayette Insurance Co. The 92-year-old Holocaust survivor claims Lafayette’s homeowner’s insurance policy — along with most others used by the industry — should have covered the water that flowed into his Uptown fourplex because of the failure of man-made flood-control structures.

    The other case originated with southwest Louisiana residents Mark and Barbara Landry, who claim the 108-year-old “valued policy” law forces Citizens Property Insurance Corp., which covered them for wind but not flood, to pay the full value of their totaled home, even though storm surge was responsible for some of the damage.



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