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Louisiana Supreme Court sides with insurer in flood loss case.

Publication: Trial
Publication Date: 01-AUG-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
A couple whose home was destroyed by Hurricane Rita can't recover the full amount of their home insurance policy even though a state statute requires insurers to pay policy limits for a home's total loss, the Louisiana Supreme Court has ruled. (Landry v. Louisiana Citizens Prop. Ins. Co., 2008 WL 2151827 (La. May 21, 2008).)

The statute doesn't apply, the court held, to policies that contain an "alternative loss calculation." This was the case in the policy at issue, the court found, because the applications for it--which the homeowners signed--said t hat losses for covered damage would be...

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