Hurricane-Catastrophe Litigation

Hurricanes Katrina and Rita brought about horrific damage and loss of life throughout Louisiana and the southeastern United States. Unfortunately, out of these cataclysmic events, waves of litigation have ensued in the areas impacted by these storms. Our attorneys have been called upon to represent clients in an array of cases that are a result of the storms, including Nursing Home and Healthcare Litigation, Loss of Business Income Litigation, Property Damage Litigation, and Bad Faith Litigation.

Nursing Home and Healthcare Litigation
Our attorneys have been called upon to represent high profile nursing home and hospital cases filed after Hurricane Katrina. Plaintiffs have filed claims under the Louisiana Medical Review Panel administrative protocol and lawsuits are pending in both state and federal courts. Our aggressive and educated approach to cases claiming intentional and negligent acts resulting in death, “mercy killings,” and injury to patients/residents has set the bar for other defense attorneys to follow by establishing law regarding federal court jurisdiction. Our attorneys have successfully established that certain hurricane related claims fall under the Louisiana Medical Malpractice Act, and we are involved in high-profile appellate cases establishing the hurricane litigation precedent for district courts and the Patients’ Compensation Fund.

Loss of Business Income Litigation
Our attorneys have handled a wide variety of “Hurricane” claims related to the loss of business income. Our attorneys have successfully tried business income claims in the Civil District Court of Orleans, handled several mediations and negotiations under the Louisiana Department of Insurance mandated mediation process, and have helped to quickly bring to resolution claims for loss of business product and business interruption arising out of hurricanes.

Property Damage Litigation
Our attorneys are on the front line handling claims for property damage under personal and business insurance policies. They have successfully tried property damage claims arising from the storms and are familiar with the nuances involved in the prosecution and defense of first party damage claims.

Bad Faith Litigation
Bad faith claims against insurers due to their adjustment and payment of claims related to storm damage make up a substantial portion of hurricane based claims. Our attorneys have represented insurers in defense of claims arising under Louisiana Revised Statutes 22:658 and 22:1220 in both state and federal courts across the Louisiana Gulf Coast. Our attorneys have litigated first party bad faith claims, while also rendering coverage opinions under general liability policies for storm related damage. In addressing such claims, we are closely in tune with district court and appellate court developments regarding the interpretation and application of Louisiana’s bad faith provisions, as well as pressing issues regarding the retroactivity of post-storm revisions to the bad faith statutes. We are equipped and ready to step in and assist clients from the outset in this constantly evolving sector of the law.

Our attorneys and staff have first-hand knowledge of the devastation that has impacted the Gulf South. Our personal experiences and in-depth professional involvement in Hurricane Litigation gives the Garrison, Yount, Forte & Mulcahy, LLC, a distinct advantage in addressing the needs you may have in Hurricane or catastrophe based claims. Contact Darrin L. Forte, Lyon H. Garrison, or Randy Mulcahy in Louisiana, and Scott P. Yount or Robert T. Vorhoff in Florida.

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