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Louisiana homeowners sue insurance companies over Katrina coverage

Plaintiffs contend that neglect and not Act of God caused damages

06:03 PM CDT on Thursday, September 15, 2005

Associated Press

BATON ROUGE, La. -- A group of Louisiana homeowners sued 16 insurance companies Thursday, asking a state district court to rule that neglect and wind damage caused the flood that inundated thousands of homes in Orleans and Jefferson parishes.

Breaches in the levees which ring the city allowed the water in, so the floods were not caused by an "act of God," contends the lawsuit filed Thursday in 19th Judicial District Court.

This suit has a different argument than one filed Thursday by the state of Mississippi. The Mississippi lawsuit contends that standard insurance polices led homeowners to believe they were covered for all hurricane damage, including that from high water.

The Louisiana lawsuit, filed by 14 couples, one individual homeowner and one business, says the city might not have flooded had levees and floodwalls remained intact. That means the flood doesn't meet the "rising water" or "act of God" exclusions common to insurance policies, it contends.

Because homeowners insurance doesn't cover floods, the federal government has a flood insurance program. Unless a house is considered above flood level, banks won't approve mortgages on houses in New Orleans without that insurance.

However, the suit contends, because of New Orleans' extensive levee and flood protection system, about 60 percent of its residents don't have flood insurance.

It asks to be made a class action lawsuit. Current estimates say up to 160,000 homes in the area may be unusable, and the exact number of potential plaintiffs are unknown, the lawsuit says.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

                                                                                                                                                                                                                                                           

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