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Katrina Insurance Claims Continue
Insurance |
2007/08/06 07:19
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| Almost two years after the devastating storm, our country’s Katrina victims still await closure and healing. Many have found themselves embroiled in legal disputes in pursuit of the opportunity to rebuild their lives. The harrowing task of settling insurance policy claims on their damaged or destroyed homes is just one aspect of this struggle. Today, the 5th Circuit plans to hear an appeal on a Mississippi-based Katrina insurance coverage claim. The trial judge told these policyholders, a couple who believes their home suffered $130,253 in damages from the storm, that their policy did not cover damage resulting from a combination of water and wind. This distinction has been the subject of a great number of Katrina-related insurance disputes. Last week, the 5th Circuit ruled against Katrina-affected insurance policyholders and overturned a U.S. District Court ruling that insurance companies had to pay its policyholders’ Katrina-related claims. The previous ruling held that ambiguous policy provisions made it unclear which forms of storm damage were covered, while the most recent ruling states that the policy is unambiguous.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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