http://www.newsinferno.com/archives/7155
Decision in Katrina Levee Breach Case Gives Policyholders More Time To File Lawsuits
Date Published: Tuesday, June 23rd, 2009
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Typically, insurance does not cover damage to a business or home if it is caused by flood. But plaintiffs in the Katrina Canal Breaches Consolidated Litigation have argued that flood damage that resulted from levee breaches which occurred after Hurricane Katrina made landfall should be covered by insurance, since such flooding was not specifically excluded by insurance policies.
Last Tuesday in New Orleans, U.S. District Court Judge Stanwood R. Duval Jr. granted a request by insurers to be severed from the consolidated litigation. According to the Times-Picayune, the Judge ruled that disputes against insurers were individual, and not suitable to be handled as part of a class action.
When a class action petition fails to get certified, or as in the case with the Katrina litigation, some defendants are severed from the proceedings, individual plaintiffs can file their own lawsuits. According to the Times-Picayune, the deadline for filing such suits will depend upon the amount of time that remained between when the insurance portion of the levee breach litigation was filed and the original Aug. 30, 2007, deadline for filing suits.
In his decision, Judge Duval rejected a request from the plaintiffs committee to require insurers to inform their policyholders that they can now file individual lawsuits, saying he had no power to issue such an order.
Wednesday, June 24, 2009
Friday, June 19, 2009
URGENT!
NOLA.com
Clock restarts for Hurricane Katrina victims disputing their insurance claims
by Rebecca Mowbray,
The Times-Picayune
Thursday June 18, 2009, 5:16 PM
The class action allegations against insurers in the consolidated levee breach litigation have been dismissed, restarting the clock for anyone who is dissatisfied with the results of their Katrina claim and allowing them to file a lawsuit against their insurer nearly four years after the storm.
Home and business owners and renters had two years to file lawsuits against insurers over claim disputes after the Aug. 29, 2005, storm. Class action lawsuit filings stop the legal clock by covering the rights of all potential members of a class, but if that petition fails to get certified as a class or individual defendants get cut from the proceedings, plaintiffs' individual legal rights to pursue similar claims are restored.
On Tuesday, U.S. District Court Judge Stanwood R. Duval Jr. granted a request by insurers to be severed from the Katrina Canal Breaches Consolidated Litigation, saying that disputes against insurers were individual, and not suitable to be handled as part of a class action.
Bob Hartwig, president of the Insurance Information Institute trade group, says the ruling unfairly places insurers in double jeopardy.
"Insurers are going to be gratified to be severed from the levee breach litigation, but it's especially ironic that, by virtue of being found to have no culpability there, they are opened up to some very old litigation," Hartwig said.
The levee breach litigation names virtually every insurer operating in the state in broad claims of bad faith, breach of contract and breach of fiduciary duty, giving home owners, business owners and renters a broad platform upon which to file new lawsuits.
Soren Gisleson, head of the insurance section at the Louisiana Association for Justice, said that the amount of time that would-be plaintiffs now have to file suits is contingent upon the amount of time that remained between when the insurance portion of the levee breach litigation was filed and the Aug. 30, 2007, deadline for filing suits.
More...
Read that last paragraph again.
NOLA.com
Clock restarts for Hurricane Katrina victims disputing their insurance claims
by Rebecca Mowbray,
The Times-Picayune
Thursday June 18, 2009, 5:16 PM
The class action allegations against insurers in the consolidated levee breach litigation have been dismissed, restarting the clock for anyone who is dissatisfied with the results of their Katrina claim and allowing them to file a lawsuit against their insurer nearly four years after the storm.
Home and business owners and renters had two years to file lawsuits against insurers over claim disputes after the Aug. 29, 2005, storm. Class action lawsuit filings stop the legal clock by covering the rights of all potential members of a class, but if that petition fails to get certified as a class or individual defendants get cut from the proceedings, plaintiffs' individual legal rights to pursue similar claims are restored.
On Tuesday, U.S. District Court Judge Stanwood R. Duval Jr. granted a request by insurers to be severed from the Katrina Canal Breaches Consolidated Litigation, saying that disputes against insurers were individual, and not suitable to be handled as part of a class action.
Bob Hartwig, president of the Insurance Information Institute trade group, says the ruling unfairly places insurers in double jeopardy.
"Insurers are going to be gratified to be severed from the levee breach litigation, but it's especially ironic that, by virtue of being found to have no culpability there, they are opened up to some very old litigation," Hartwig said.
The levee breach litigation names virtually every insurer operating in the state in broad claims of bad faith, breach of contract and breach of fiduciary duty, giving home owners, business owners and renters a broad platform upon which to file new lawsuits.
Soren Gisleson, head of the insurance section at the Louisiana Association for Justice, said that the amount of time that would-be plaintiffs now have to file suits is contingent upon the amount of time that remained between when the insurance portion of the levee breach litigation was filed and the Aug. 30, 2007, deadline for filing suits.
More...
Read that last paragraph again.
Thursday, June 18, 2009
Newsletter from Levees.com:
June 18, 2009
Dear Daniel
In a sworn affidavit, a former managing editor of Nola.com, New Orleans' largest online newsource describes how the Army Corps of Engineers used significant tax payer resources to attack critics of the Corps.
According to the affidavit, a cadre of 20 people, for over 3 years, have hidden their identities and posted comments on the Times-Picayune affiliate's articles and forums that smeared New Orleanians and obscured the facts of the Corps of Engineers' responsibility for the failure of its flood protection.
The affidavit also described how many of the comments "appealed to racial division and at times engaged in racial slurs against African Americans."
Levees.org discovered evidence of this activity six months ago, and early this year submitted a written request to Nola.com/Times Picayune for all the comments data.
But their lawyer, Neil Rosenhouse of Sabin, Bermant & Gould told us that, while there is no legal reason to deny us access to the comments, they still won't give them to us. They cited "policy."
Don't we, the citizens deserve to know the full extent of the Corps' unethical behavior?
If you agree, write to Jim Amoss, Editor of the Times Picayune at this address jamoss@timespicayune.com, and say this:
"I deserve to know the full details on how the Corps of Engineers has been using my tax payer money to protect its image. I deserve to see all the comments that came from the Corps' computers."
You could also leave a message on Mr. Amoss's voice mail by calling his direct line: 504-826-3475.
In response to this disturbing information, Levees.org has filed a request under the Freedom of Information Act (FOIA). We requested all communications between the Corps of Engineers and its $5 million dollar PR firm Outreach Process Partners (OPP) which recently claimed on its website to play a "fundamental part" of reducing the volume of negative news stories about the Corps.
The PR firm spoke of "fostering strategic relationships" with news outlets. The Times Picayune is one of the news outlets that OPP boasted of "providing media support."
These revelations - the sworn affidavit, and the OPP claims - are two more reasons we deserve the 8/29 Investigation Act, a truly independent analysis of the flood protection failures, and the organizational component, that occurred in August 2005.
My dear supporters, we are winning!
These revelations - and the media attention both have garnered - is evidence that your ongoing efforts and support of Levees.org are paying off.
Sandy Rosenthal
Founder, Levees.org
Click here for the WWL TV Channel 4 Eyewitness News story:
http://delicious.com/leveesorg
Click here to see a copy of the sworn affidavit.
http://levees.org/?page_id=379
Click here to see examples of the insulting comments and lies posted to the internet by individuals at the Army Corps of Engineers.
http://levees.org/?page_id=379
California Chapter
kc.costa@levees.org
Florida Chapter
DrLevine@levees.org
Illinois Chapter
derbes@levees.org
Oregon Chapter
Oregon@levees.org
Launching soon: Chapters for New York and Texas
Follow us on Twitter! http://twitter.com/LeveesOrg
June 18, 2009
Dear Daniel
In a sworn affidavit, a former managing editor of Nola.com, New Orleans' largest online newsource describes how the Army Corps of Engineers used significant tax payer resources to attack critics of the Corps.
According to the affidavit, a cadre of 20 people, for over 3 years, have hidden their identities and posted comments on the Times-Picayune affiliate's articles and forums that smeared New Orleanians and obscured the facts of the Corps of Engineers' responsibility for the failure of its flood protection.
The affidavit also described how many of the comments "appealed to racial division and at times engaged in racial slurs against African Americans."
Levees.org discovered evidence of this activity six months ago, and early this year submitted a written request to Nola.com/Times Picayune for all the comments data.
But their lawyer, Neil Rosenhouse of Sabin, Bermant & Gould told us that, while there is no legal reason to deny us access to the comments, they still won't give them to us. They cited "policy."
Don't we, the citizens deserve to know the full extent of the Corps' unethical behavior?
If you agree, write to Jim Amoss, Editor of the Times Picayune at this address jamoss@timespicayune.com, and say this:
"I deserve to know the full details on how the Corps of Engineers has been using my tax payer money to protect its image. I deserve to see all the comments that came from the Corps' computers."
You could also leave a message on Mr. Amoss's voice mail by calling his direct line: 504-826-3475.
In response to this disturbing information, Levees.org has filed a request under the Freedom of Information Act (FOIA). We requested all communications between the Corps of Engineers and its $5 million dollar PR firm Outreach Process Partners (OPP) which recently claimed on its website to play a "fundamental part" of reducing the volume of negative news stories about the Corps.
The PR firm spoke of "fostering strategic relationships" with news outlets. The Times Picayune is one of the news outlets that OPP boasted of "providing media support."
These revelations - the sworn affidavit, and the OPP claims - are two more reasons we deserve the 8/29 Investigation Act, a truly independent analysis of the flood protection failures, and the organizational component, that occurred in August 2005.
My dear supporters, we are winning!
These revelations - and the media attention both have garnered - is evidence that your ongoing efforts and support of Levees.org are paying off.
Sandy Rosenthal
Founder, Levees.org
Click here for the WWL TV Channel 4 Eyewitness News story:
http://delicious.com/leveesorg
Click here to see a copy of the sworn affidavit.
http://levees.org/?page_id=379
Click here to see examples of the insulting comments and lies posted to the internet by individuals at the Army Corps of Engineers.
http://levees.org/?page_id=379
California Chapter
kc.costa@levees.org
Florida Chapter
DrLevine@levees.org
Illinois Chapter
derbes@levees.org
Oregon Chapter
Oregon@levees.org
Launching soon: Chapters for New York and Texas
Follow us on Twitter! http://twitter.com/LeveesOrg
Wednesday, June 17, 2009
:Audit: FEMA must do better tracking its contracts
Audit: FEMA must do better tracking its contracts
Audit: FEMA must do better tracking its contracts
By EILEEN SULLIVAN – 16 hours ago
WASHINGTON (AP) — The Federal Emergency Management Agency failed to follow some federal contracting rules, making it impossible to know whether the agency got its money's worth during disasters, a government audit found.
In a report released Tuesday, the inspector general for the Homeland Security Department said that auditors looked at 32 disaster contracts from 2007. That year, the president declared 65 major disasters, and FEMA spent $1.5 billion on disaster contracts, including purchasing and delivering ice for hurricane victims.
FEMA was unable to find copies of some contracts. In other cases, information on the contracts was incomplete. None of the contracts were in electronic form, and some contracting officials kept the contracts on their desks or filing cabinets, the report said.
FEMA's contract management opens the door to potential waste, fraud and abuse, the auditors said.
FEMA currently is setting up a room in Washington to hold contracts, and 80 percent of the contracts are there. FEMA told the auditors that the agency also is working to resolve many of its contracting problems, according to the report.
The Government Accountability Office, Congress' watchdog, has reported that all homeland security agencies have had challenges managing contracts since the department was created in 2003.
FEMA has been criticized for contract mismanagement and abuse during 2005's Hurricane Katrina. A 2007 report by House Democrats found that the government awarded 70 percent of its contracts for Katrina work without full competition, wasting hundreds of millions of taxpayer dollars in the process.
"FEMA's contracting system has long been plagued by inefficiencies that hamper service delivery to disaster victims and waste taxpayer money," said Rep. Bennie Thompson, D-Miss., chairman of the House Committee on Homeland Security. "As FEMA's new leadership takes charge, they must resolve the problems created by the previous administration."
Copyright © 2009 The Associated Press. All rights reserved.
Saturday, June 13, 2009
Insurer admits to shifting costs to NFIP in Katrina case | IFAwebnews.com
Insurer admits to shifting costs to NFIP in Katrina case | IFAwebnews.com
An insurance company admitted to shifting its costs to the federal National Flood Insurance Program in the first wind versus water damage case from Hurricane Katrina to reach Mississippi’s high court.
Insurance company USAA made the admission in oral arguments before the Mississippi Supreme Court June 9 in a heavily watched case about whether carriers bear the burden of proof to decide the extent of property damage caused by wind and if carriers can void a homeowner’s wind coverage because of prior water damage.
A lower court had asked the state’s high court to interpret the “anti-concurrent causation” clause in homeowners’ policies as a precursor to it addressing a policyholder’s request for coverage from USAA.
The high court’s ruling is critical in establishing
An insurance company admitted to shifting its costs to the federal National Flood Insurance Program in the first wind versus water damage case from Hurricane Katrina to reach Mississippi’s high court.
Insurance company USAA made the admission in oral arguments before the Mississippi Supreme Court June 9 in a heavily watched case about whether carriers bear the burden of proof to decide the extent of property damage caused by wind and if carriers can void a homeowner’s wind coverage because of prior water damage.
A lower court had asked the state’s high court to interpret the “anti-concurrent causation” clause in homeowners’ policies as a precursor to it addressing a policyholder’s request for coverage from USAA.
The high court’s ruling is critical in establishing
Biloxi City Council Set to Remove FEMA Trailers, Victimizing Katrina Survivors and Undermining Obama | CommonDreams.org
Biloxi City Council Set to Remove FEMA Trailers, Victimizing Katrina Survivors and Undermining Obama | CommonDreams.org: "Biloxi City Council Set to Remove FEMA Trailers, Victimizing Katrina Survivors and Undermining Obama
Residents, Advocates Urge Elected Officials to Stand Up for Human Rights, Vote Down Proposed FEMA Trailer Removal Ordinance
BILOXI, Miss. - June 12 - Despite President Barack Obama's decision to allow residents living in FEMA Trailers to remain in their trailers while the federal government partners with residents to find permanent housing[1], the Biloxi City Council is preparing to take action to kick these hurricane survivors out of their city."
More....
Residents, Advocates Urge Elected Officials to Stand Up for Human Rights, Vote Down Proposed FEMA Trailer Removal Ordinance
BILOXI, Miss. - June 12 - Despite President Barack Obama's decision to allow residents living in FEMA Trailers to remain in their trailers while the federal government partners with residents to find permanent housing[1], the Biloxi City Council is preparing to take action to kick these hurricane survivors out of their city."
More....
Thursday, June 11, 2009
Friday, June 5, 2009
Wednesday, June 3, 2009
The Dutch strive to make their country 'climate proof' - NYTimes.com
AMSTERDAM -- "Can we actually save the Netherlands? Or should we abandon part of the country?" This is the basic question Dutch leaders were asking themselves within the context of global warming after witnessing Hurricane Katrina's devastating blow to New Orleans in 2005.
During a visit to the Netherlands last week, a delegation from Washington and Louisiana heard that Katrina was a wake-up call for the Dutch because it showed them that levees could fail and that there could be catastrophic damages.
::snip::
more...
AMSTERDAM -- "Can we actually save the Netherlands? Or should we abandon part of the country?" This is the basic question Dutch leaders were asking themselves within the context of global warming after witnessing Hurricane Katrina's devastating blow to New Orleans in 2005.
During a visit to the Netherlands last week, a delegation from Washington and Louisiana heard that Katrina was a wake-up call for the Dutch because it showed them that levees could fail and that there could be catastrophic damages.
::snip::
more...
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