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Ill Wind: Selected Insurance Issues After Hurricane Katrina

By Seth A. Tucker and Ann-Kelley Kemper
November 01, 2005

By virtually any measure, Hurricane Katrina ranks as one of the worst natural disasters in American history. It will surely be months if not years before the full toll of the storm and its aftermath, including long-term effects on the Gulf Coast, are known. It is equally sure that Hurricane Katrina will spawn an array of disputes concerning insurance coverage for losses or damage caused by the storm. Indeed, barely 2 weeks after the hurricane hit land, at least two major insurance coverage lawsuits, one in Mississippi and one in Louisiana, had already been filed.

The range of disputes promises to be wide, given that the hurricane directly affected policyholders in multiple jurisdictions and has affected or will affect policyholders in other jurisdictions indirectly; given that policy language may vary from one insured to the next; and given that damage or loss stemmed from a variety of hazards. In light of the range of potential legal issues ' and the consequences of a misstep ' policyholders with significant claims should consider retaining coverage counsel with whom they may at least consult as they evaluate, classify, present, and pursue their claims.

A comprehensive review of all the issues that may arise is beyond the scope of this article. This article will instead address two of the issues that have emerged or are reasonably likely to emerge as residents, local businesses, and others affected by the hurricane look to their insurers for help in rebuilding their lives and their livelihoods. These are: 1) what happens when an insured suffers losses due to both a covered cause and an excluded cause; and 2) what coverage may be available to insureds located outside of the area hit by Hurricane Katrina but whose businesses have nonetheless been disrupted because of property damage to suppliers, customers, or others important to their business.

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