Kathryn French, et al v. Allstate Indemnity Co., No. 09-30209 (5th Cir. 2011)
Annotate this CasePlaintiffs sued Allstate Indemnity Company ("Allstate") to recover additional insurance payments for damage to their home resulting from Hurricane Katrina. At issue was whether plaintiffs' witness was properly excluded and whether additional penalties against Allstate should have been awarded. Also at issue was whether the provisions in plaintiffs' homeowners policy was misconstrued and consequently plaintiffs were awarded too little. The court affirmed judgment and held that the district court properly excluded the report and testimony of plaintiffs' expert witness; awarded plaintiffs an additional amount in wind damage; concluded that the terms of the Extended Limits Endorsement and the Additional Living Expenses provisions did not apply to plaintiffs; concluded that plaintiffs were not entitled to Louisiana Revised Statute 22:1220 damages; concluded that the 2003 version of Louisiana Revised Statute 22:658 applied to plaintiffs' claim; awarded penalties on plaintiffs' wind damage claims; and found that Allstate was not liable for penalties on plaintiffs' contents claim.
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