Hurricane Katrina

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Hurricane Katrina is the most costly natural catastrophe in U.S. history. While the adverse effects on Louisiana, Alabama, and Mississippi residents are evident, this disaster will probably have a tremendous impact on insurers who have not faced an exposure from a catastrophe of this nature. While Hurricane Andrew and the other major storms that followed Andrew significantly affected residential property, Katrina’s wrath affected both a major American city and an entire region. Consequently, the insurance industry faces large and widespread claims and massive and unanticipated losses. Coupled with anticipated aggressive claims positions by insureds, probable pressure from reinsurers, extensive attorney involvement, and clashing personalities, the claims process will be difficult at best.
Continue Reading Business Interruption Coverage After Katrina

As a service to the community and its clients, Kean Miller will present a series of industry-specific discussions, dialogue and resources devoted to the renewal and rebuilding of Louisiana’s economy. This week-long breakfast briefing series is designed to provide innovation, insight and ideas for the business community in Louisiana. The series will take place from October 10 through October 14 at Drusilla Place, 3482 Drusilla Lane (Jefferson Highway at I-12 in Baton Rouge). Kean Miller’s “Moving Louisiana Forward” breakfast series will feature panel discussions and presentations focusing on important business, legal and regulatory issues facing post-Katrina Louisiana. We will focus on the Louisiana economy (Monday, October 10), the construction industry (Tuesday, October 11), the healthcare industry (Wednesday, October 12), the energy industry (Thursday, October 13) and the Louisiana environmental regulatory landscape (Friday, October 14).
Continue Reading Moving Louisiana Forward

On October 3, 2005, the Louisiana Supreme Court issued a resolution, effective through October 25, 2005, establishing procedures to lift or modify the suspension, under Governor Blanco’s Executive Orders 32 and 48, of “all deadlines applicable to legal proceedings, including prescription and peremption, in all Louisiana state courts, administrative agencies, and boards.”

Under the resolution a party or attorney has been “adversely impacted” if his or her “ability … to proceed with the legal proceeding has been substantially impaired by Hurricane Katrina or Rita.”

If all parties to a suit file a joint motion certifying that no attorney or party has been adversely impacted by Hurricanes Rita or Katrina, the judge (trial or appellate) can lift or shorten the emergency suspension periods outlined in the orders.
Continue Reading Louisiana Supreme Court Resolution

In the wake of Hurricane Katrina, the Louisiana Department of Insurance has issued three (3) emergency rules to address issues resulting from the current State of Emergency. All rules retroactively become effective as of 12:01 a.m. on August 26, 2005, and shall continue in full force and effect for the duration of the present State of Emergency proclaimed by Governor Kathleen Blanco. Emergency Rule 15 relates to cancellation of insurance policies, notification requirements, and rate increases. Emergency Rule 16 applies to the settlement and business practices of insurance adjusters and requires all public adjusters operating in Louisiana to register with the Department of Insurance. The focus of Emergency Rule 17 is the continuation of health insurance coverage and the payment of claims to medical providers.
Continue Reading Louisiana Department of Insurance Issues Emergency Rules

By the Kean Miller Business Law Team

Many businesses in Louisiana are now assessing how Hurricane Katrina and Hurricane Rita have affected and will continue to affect their contracts with clients, vendors, partners, and others. This article provides some general guidelines that businesses can use to determine if and how their contracts’ terms or Louisiana’s commercial law may affect contractual rights and obligations in light of the hurricanes.
Continue Reading Louisiana Contracts and the Doctrine of Impossibility

The Louisiana Department of Revenue released a bulletin today relating to state treatment of Hurricane Katrina related federal tax relief.
Continue Reading Louisiana Department of Revenue Information Bulletin No. 05-018 — Louisiana Income Tax Treatment of IRS Relief for Disaster Victims