In Re: Katrina Canal Breaches Litigation, No. 2:2005cv04182 - Document 15046 (E.D. La. 2008)

Court Description: INSURANCE (08-1164, 08-1165, 08-1166, 07-8621, 07-8622, 07-8623, 07-9768): ORDER AND REASONS denying 13761 Motion for Entry of Judgment under Rule 54(b); denying 13808 Motion for Entry of Judgment; denying 13810 Motion for Entry of Judgment; de nying 13812 Motion for Entry of Judgment; denying 13815 Motion for Entry of Judgment; denying 13819 Motion for Entry of Judgment; denying 13823 Motion for Entry of Judgment; denying 13824 Motion for Entry of Judgment. Signed by Judge Stanwood R. Duval, Jr on 9/18/08. (Reference: INSURANCE (08-1164, 08-1165, 08-1166, 07-8621, 07-8622, 07-8623, 07-9768)(blg)

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In Re: Katrina Canal Breaches Litigation Doc. 15046 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE KATRINA CANAL BREACHES CONSOLIDATED LITIGATION CIVIL ACTION NO. 05-4182 PERTAINS TO: Tardo C.A. No. 08-1164 Tardo C.A. No. 08-1165 Tardo C.A. No. 08-1166 Woniger C.A. No. 07-8623 Moore C.A. No. 07-8622 Worgan C.A. No. 07-8621 Gaubert C.A. No. 07-9768 SECTION "K"(2) ORDER AND REASONS Before the Court are Motions for Entry of Judgment Pursuant to the Court’s Post-Sher Case Management Order filed by State Farm Fire and Casualty Company in the following cases: Tardo C.A. No. 08-1164 Tardo C.A. No. 08-1165 Tardo C.A. No. 08-1166 Woniger C.A. No. 07-8623 Moore C.A. No. 07-8622 Worgan C.A. No. 07-8621 Gaubert C.A. No. 07-9768 Doc. No. 13823 Doc. No. 13824 Doc. No. 13819 Doc. No. 13808 Doc. No. 13812 Doc. No. 13815 Doc. No. 13810 and a Motion for Entry of Judgment filed by Louisiana Citizens Property Insurance Corporation (Doc. No. 13761). These motions seek the dismissal of the above-referenced claims based on the contention that these cases only seek coverage for water damage under policies which exclude such coverage as found by the Louisiana Supreme Court in Sher v. Lafayette Ins. Co., No. 07-C2441, 2008 WL 928486, at *6-7 (La. Apr. 8, 2008), and by the United States Fifth Circuit Court of Appeals in In re Katrina Canal Breaches Consolidated Litig., 495 F.3d 191, 214 (5th Cir. 2007), which decisions hold essentially that the exclusions in Louisiana homeowners’ Dockets.Justia.com insurance policies of coverage for damages caused by the flood that resulted form the various levee breaches in the aftermath of Hurricane Katrina are valid and unambiguous. The above-referenced cases were all filed by the Hurricane Legal Center by Stuart T. Barasch and the complaints essentially are identical. At a hearing held on August 8, 2008, the Court found that while these complaints where inartfully drafted, it found that allegations for non-payment of wind damage claims were included therein. As such, the Court stated that “the Court will take judicial notice that with respect to all of the complaints filed by the Hurricane Legal Center, the Court will hereafter consider the allegations to include allegations for failure to pay adequately wind damage claims.” (Doc. 14402 at 2). Based on this reasoning, the Court finds that these motions for entry of judgment must be denied as there are outstanding wind damage claims which must be resolved. Accordingly, IT IS ORDERED that Motions for Entry of Judgment Pursuant to the Court’s Post-Sher Case Management Order filed by State Farm Fire and Casualty Company in the following cases: Tardo C.A. No. 08-1164 Tardo C.A. No. 08-1165 Tardo C.A. No. 08-1166 Woniger C.A. No. 07-8623 Moore C.A. No. 07-8622 Worgan C.A. No. 07-8621 Gaubert C.A. No. 07-9768 Doc. No. 13823 Doc. No. 13824 Doc. No. 13819 Doc. No. 13808 Doc. No. 13812 Doc. No. 13815 Doc. No. 13810 and a Motion for Entry of Judgment filed by Louisiana Citizens Property Insurance Corporation (Doc. No. 13761) are DENIED. New Orleans, Louisiana, this 18th day of September, 2008. STANWOOD R. DUVAL, JR. UNITED STATES DISTRICT COURT JUDGE 2

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