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Louisiana homeowners face differing standards for flood insurance offset

posted 219 weeks ago on Insurance Coverage Blog

Here's another of those great Rebecca Mowbray stories in the Times-Picayune on Katrina legal developments in Louisiana. This story discusses two different schools of thought among courts in the state when analyzing a common factual scenario -- someone had both a homeowners policy and federally backed flood insurance when Hurricane Katrina and Hurricane Rita damage happened. The majority view is that any payments accepted under the National Flood Insurance Program act as an offset to claims under the homeowners policy; in other words, that there is only so much damage, and the acceptance of the flood payment is an acknowledgment that that dollar amount of loss was not due to wind, and therefore is not owed under the homeowners policy.The minority point of view is that the two are se
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