http://www.myfoxmemphis.com/myfox/pages/News/Detail?contentId=4837281&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.3.1Landmark Katrina Lawsuit Against State Farm Begins
Last Edited: Monday, 05 Nov 2007, 10:16 AM CST
Created: Monday, 05 Nov 2007, 10:16 AM CST
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NEW ORLEANS (WHBQ FOX13 myfoxmemphis.com) – -- A federal jury will hear testimony today as a Plaquemines Parish, Louisiana couple argues that State Farm improperly denied their homeowners insurance claim on their house, which vanished in Hurricane Katrina.
Judy and Michael Kodrin say their Port Sulphur home was damaged by Katrina's winds long before the storm surge arrived. The Kodrins claim they are owed money under their homeowners policy as well as the money they received through their National Flood Insurance Program policy.
State Farm says the house was completely destroyed by storm surge, and no homeowners money is owed. Flooding is excluded on homeowners policies.
The case will be a test of State Farm's anti-concurrent causation clause, which the company has used to deny payment for wind damage on a home when it occurs in concert with flood damage.
These controversial clauses have been the focal point of litigation in Mississippi, but State Farm insurance contracts in Louisiana are worded slightly differently.
According to Judge Carl Barbier's pretrial order, the Kodrins' roof was found 1,000 yards away and all that remained of their 177 Holiday Drive home was the rear steps and the mailbox.