Legal Digest -Federal judge dismisses Katrina fraud claim
Law News
Today's Legal News Bookmark This Website
Federal judge dismisses Katrina fraud claim
Legal World News | 2008/04/22 08:01
A federal judge on Monday dismissed claims of fraud against State Farm Insurance by a Mississippi couple who claimed that the company denied their insurance claim for damage from Hurricane Katrina based on bad faith and fraud. US District Judge L.T. Senter, Jr. rejected the claim, writing:

Plaintiffs allege that State Farm committed actionable fraud in the handling of the plaintiffs' claim. Plaintiffs primarily rely on their contention that State Farm ordered two engineering reports from Forensic in an effort to dishonestly minimize its liability to the plaintiffs rather than for any legitimate reason. ...

Plaintiffs contend that State Farm, acting through Renfroe and Forensic, deliberately underestimated the amount of wind damage the insured property sustained in order to minimize its liability under the plaintiffs' homeowners policy. While this allegation, if sustained, would support a finding of bad faith, it is not sufficient to support an allegation of fraud. Fraud requires reasonable reliance on a misrepresentation, and the plaintiffs have not relied upon State Farm's evaluation of their claim. Indeed plaintiffs have brought this lawsuit in an effort to establish that State Farm has underestimated the wind damage to the insured property. Although plaintiffs may prevail on the merits of their claims for additional policy benefits and other extracontractual damages, including punitive damages if they establish bad faith on the part of State Farm or its agents, in the absence of any evidence that the plaintiffs relied upon State Farm's damage assessment I can see no basis for a claim of fraud.

Thomas and Pamela McIntosh filed the lawsuit against State Farm after the company refused to pay for most of the damage to their home, which State Farm concluded was caused mostly by flood damage from the storm surge.

State Farm used E.A. Renfroe amp; Co. to inspect the McIntosh's home, and the couple also alleged that Renfroe aided and abetted State Farm's fraudulent misconduct and that the company breached its duty of loyalty to the plaintiffs. Senter dismissed the aiding and abetting claim as he concluded there was no underlying fraud, and also dismissed the breach of duty claim.


[PREV] [1] ..[2463][2464][2465][2466][2467][2468][2469][2470][2471].. [2626] [NEXT]
All
Legal News Digest
Law Firm News
Legal Career News
Headline Legal News
Lawyer Blog Updates
Legal Business
Law News
Court Press News
Legal Interview
Legal World News
Press Release
Legal Opinions
Law Firm Marketing
Legal & Political
Law School News
Hungary welcomes Netanyahu and annou..
US immigration officials look to exp..
Trump asks supreme court to halt rul..
Turkish court orders key Erdogan riv..
Trump administration says South Afri..
Austria’s new government is stoppin..
Mexico says it will impose retaliato..
Trump signs order designating Englis..
Trump administration says it’s cutt..
Defense secretary defends Pentagon f..
Musk gives all federal workers 48 ho..
Steve Bannon pleads guilty and avoid..
Officers plead guilty in DWI police ..
Trump signs order imposing sanctions..
A federal judge temporarily blocks T..
Trump suspends US foreign assistance..
Man accused of stalking Caitlin Clar..
Florida Attorney General Ashley Mood..
Prominent human rights attorney quit..
TikTok’s fate arrives at Supreme Co..


   Lawyer & Law Firm Links
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
 
 
© Legal News Digest. All rights reserved.

Disclaimer: The content contained on the web site has been prepared by Legal News Media as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. | Criminal Defense Attorney Web Design by Law Promo