A class action lawsuit was filed on May 24, 2006, on behalf of Greater New Orleans Metropolitan Area homeowners insurance policyholders who have been denied or refused insurance coverage for losses caused by Hurricane Katrina.
The lawsuit was brought against fifteen insurance companies that sold All-Risk homeowners insurance policies to Louisiana residents. The lawsuit will impact the interpretation and scope of homeowners insurance policies in the State of Louisiana, the announcement said.
The litigation will also address significant issues regarding the design, construction and maintenance of several New Orleans area levees that were breached during Hurricane Katrina and resulted in vast amounts of water entering the City of New Orleans, causing an estimated $200 billion in damages.
The consolidated lawsuit seeks compensatory and punitive damages arising out of the insurance companies' alleged conduct designed to avoid payment of claims to policyholders who suffered residential and other property losses caused by Hurricane Katrina.
Central to the policyholders' claims is the fact that the insurance company defendants failed to specifically exclude from coverage hurricane damage or any failure of the New Orleans levees in the policies that they sold in the New Orleans area.
The Complaint alleges a broad range of conduct and wrongful acts by the insurance company that were designed solely to deny coverage of valid policyholder claims. The policyholders claim several
wrongdoings, first of which includes the insurance companies' procedure that its adjusters arbitrarily apply any nearby waterline and ignore all other relevant information and evidence in order to deny full payment of policyholders' claims under applicable "flood" exclusions. The second wrongdoing includes the policyholders detail of the insurance companies' failure to follow long-standing legal doctrines by attempting to equate windstorm, storm surge and the negligent design, construction and maintenance of New Orleans area levees with "flooding" to exclude coverage.
The policyholders have brought claims against those insurance companies that sell their policies directly to their customers for their failure to advise the policyholders as to all risks to which they were exposed as well as their failure to advise as to the availability of additional flood insurance in excess of the amount provided under Federal law. In addition to the monetary damages sought on behalf of the policyholders, the Amended Complaint requests the Court for declaratory relief that will have a dramatic impact on the interpretation of homeowners insurance policies in connection with Hurricane Katrina as well as in the future.
Although the class action was instituted by a group of twenty-nine named Representative Policyholders, the class of policyholders may ultimately number in the tens or hundreds of thousands as up to 160,000 homes in the parishes of Orleans, St. Bernard and Jefferson are estimated to be unusable as a result of Hurricane Katrina.