Katrina article in Bloomberg Law Reports
Here's a copy of something I wrote on Katrina litigation in the Fifth Circuit that ran as the featured article in the February 11 Bloomberg Law Reports -- Insurance Law. I won't bore you with the terms of the copyright for this article, but it doesn't vest in me for a period of time, so I appreciate Bloomberg giving me permission to link to a copy of the article immediately. A very pleasant bunch of people to work with. Also, don't forget I have a much, much longer article on Katrina Fifth Circuit jurisprudence coming out in April in New Appleman on Insurance: Critical Issues.
E=MC², mass"energy equivalence is the concept that any mass has an associated energy and vice versa. The atom or hydrogen bomb exploits this and creates an explosion as an act of war or terrorism. The bomb casing is inert and not part of the explosion. If one stumbles over a piece of this casing and breaks a leg but has no radiation sickness is there recourse to the bomb manufacturer for negligence?
A hurricane is no different, a natural force governed by E=MC², law of contracts not withstanding. The US government did a disservice to the coastal communities in the US by allowing Flood coverage to expand in the ‘60s, thus driving a “moral hazard” wedge between the perils of wind and water. Perhaps, although I don’t know the rational, “WYO” write your own might have been an attempt to persuade insurance companies to write hurricane coverage, but we have separate flood and wind , seemingly nary the twain shall meet, well defended “industrial strength boiler plate” and all that. The prospect of filing allocation of the burden of proof of damages in Federal Court for a hurricane related claim is not insurance in the popular sense.
I would like to see my state, Florida, define hurricane as a singular natural peril. That is not an ethical or moral dilemma, it is simply acknowledging nature. The US would need to respect that definition in the method and manner it distributes flood insurance in Florida. The market for insurance should be free to adjust as necessary.
David,
Very good article BTW. You forgot one point. Despite what Jusge Jones may think she is not final arbiteaur of state law, the Mississippi supreme court is and of the burden of proof as provided by Mississippi law. She can only make a Klaxon guess. We already have conceded this case, and will have her ruling reversed, Hopefully, by Mississippi Supreme Court in a case alreday on its way.
She can send cases to Northern District, and Charlie will win more cases, and Senter will retire. I assure you will now have info and will move to recuse her next time around. Stay tuned Snake Farm has big problems if Democrats win in November. Will fill you if they win. Scruggs like figures will not be involved this time to save their ass.
Weakness of their case is really their experts BTW, they are horrible but trying to say katina was a tropical storm doesnt attract good people.