Louisiana Court Finds Hurricane Gustav Property Damage Claim Is Barred by Policy Suit Limitation


Eastern District of Louisiana

In Fassbender v. La. Citizens/First Premium Ins., 2011 U.S. Dist. LEXIS 71288 (E.D. La. July 1, 2011), the U.S. District Court for the Eastern District of Louisiana enforced the policy's suit limitation provision and found the insured's claim for coverage relating to property damage from Hurricane Gustav was barred.

In Fassbender, the insured's property was damaged during Hurricane Gustav on September 1, 2008. At that time, Southern Fidelity Insurance Company (SFIC) insured the property. The policy was originally issued by Louisiana Citizens Property Insurance Corporation (LCPIC) and was taken over from LCPIC by SFIC, via novation, thus making SFIC solely responsible for the payment of claims under the policy for the subject loss. (The policyholders, through the authority given to their insurance agent, allowed for their policy to be taken over from LCPIC to SFIC.) The policy provided a two-year time deadline for individuals to file suit and stated in pertinent part:


* * *

G. Suit Against Us

No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started within two years after the date of loss.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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