Feature Article: Hurricane Katrina & Insurance Coverage

Hurricane Katrina And Insurance Coverage:
First Words From The Bench: Playing It Down The Senter

By
Randy J. Maniloff

On May 24, Judge L.T. Senter, Jr. of the Southern District of Mississippi issued a decision in Tuepker v. State Farm, addressing the availability of insurance coverage under a homeowners policy for property damage caused by Hurricane Katrina. This is the second case involving homeowners coverage for Katrina damage in which Judge Senter has issued an opinion. He issued opinions in March and April in Buente v. Allstate.

Below is a link to "Hurricane Katrina and Insurance Coverage: First Words From The Bench; Playing it Down the Senter," an article that is being published in the June issue of Mealey's Litigation Report: Catastrophic Loss. The article examines how Mississippi's Judge Senter is addressing the difficult coverage issues surrounding Hurricane Katrina.

The Buente and Tuepker decisions are far from the last word on the availability of insurance under homeowners policies for damage caused by Hurricane Katrina. But because they may be the first, and address certain issues of policy interpretation that will likely be common in many claims, they are sure to be studied closely by policyholders and insurers involved in Katrina coverage disputes -- and cited by both sides for any support that they offer. Just as the early decisions in the asbestos coverage battles were nowhere near the last word on this evolving subject, they certainly played a part in shaping the landscape to come.

[Editor’s Note: Randy J. Maniloff is an attorney at White and Williams, LLP in Philadelphia. He concentrates his practice in the representation of insurers in coverage disputes over primary and excess policy obligations for various types of claims, including construction defect, mold, general liability (products/premises), environmental property damage, asbestos/silica and other toxic torts, first-party property, homeowners, director’s & officer’s liability, a variety of professional liability exposures, including medical malpractice, media liability, community associations, public official’s liability, school board liability, police liability, computer technology liability, managed care and additional insured/contractual indemnity issues. The author expresses his appreciation to firm partner Gale White for her invaluable assistance in the preparation of this article. The views expressed herein are solely those of the author and are not necessarily those of his firm or its clients.]