News Briefs
Arkansas
Mobile Home Lawsuit Dismissed
The Arkansas Court of Appeals dismissed a lawsuit filed by Nationwide Mutu-al Fire Insurance Co. over payment of a claim after a mobile home caught fire in Beebe, Ark. The Associated Press reported that Nationwide claimed in its suit that Fleetwood Homes of Tennessee was responsible for the fire, which occurred Feb. 7, 2003.
In its decision, the Court of Appeals reportedly found that Nationwide could not prove its case. Nationwide’s fire investigator had determined the fire likely resulted from heat generated from a point where a staple used to hang siding in the mobile home pierced an electrical line. After paying the claim Nationwide sued Fleetwood, alleging products liability and negligence. However, Fleetwood argued and the Court agreed that the insurer failed to eliminate other possible ignition sources and Nationwide’s fire expert was not an electrical engineer or electrician.
Adjusting Ahead of Schedule; Grace Period to Expire
The Louisiana Department of Insu-rance reported that adjusters in Plaque-mines and St. Ber-nard parishes are ahead of schedule, working under an adjusting program implemented in the parishes last month. According to Commissioner of Insurance Robert Wooley, the program, or “grid system,” calls for adjusters to go neighborhood-by-neighborhood in a coordinated effort to ensure no properties that need assessing are skipped.
St. Bernard and Plaquemines, which were badly damaged by Hurricane Katrina, were divided into small grids containing about 1,000 households each. The grid map for St. Bernard Parish has 25 grids; Plaquemines was subdivided into nine grids.
Adjusters started with Grid 1 on Oct. 17 and in one week visited more than 90 percent of the area properties. Many insurers completed adjusting early in Grid 1 and continued on to Grid 2 and beyond during that first week. A few companies reported in early November that they have completed all of their adjusting in each parish. Other insurers will continue to report weekly to the DOI until their claims adjusting within the grid system is complete.
The Emergency Rules requiring insurance companies to give policyholders affected by Hurricanes Katrina and Rita an automatic extension of time to pay their insurance premiums without incurring late fees, penalties, cancellations or non-renewals are set to expire on Nov. 30 and Dec. 31, 2005. The DOI said some companies allow insureds to pay in installments rather than a lump sum and advised policyholders to check with their insurance company for payment information.
The Emergency Rules can be accessed via the department’s Web site at www.ldi.state.la.us.
DUA Filing Deadline Draws Near
The Louisiana Department of Labor (www.LAWORKS.net) reported that time is running out for individuals who are eligible to apply for Disaster Unemployment Assis-tance (DUA) as a result of Hurricanes Katrina and Rita.
The deadline to file is Nov. 30.
Because of the widespread devastation to homes and businesses individuals affected by both storms were given additional time to file DUA claims and provide supporting documentation. Under normal circumstances, applications for disaster unemployment benefits must be filed within 30 days of a disaster declaration and supporting paperwork must be received no later than 21 days after the application is filed.
DUA provides financial assistance to individuals whose employment or self-employment has been lost or interrupted as a direct result of a major disaster declared by the President of the United States.
Individuals living or working in the following 31 parishes are eligible to file for DUA as a result of Hurricane Katrina: Acadia, Ascension, Assumption, Calcasieu, Cameron, East Baton Rouge, East Feliciana, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Orleans, Point Coupee, Plaquemines, St. Bernard, St. Charles, St. Helena, St. James, St. John, St. Mary, St. Martin, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Washington, West Baton Rouge and West Feliciana.
The federal government has designated the following 23 parishes as eligible for disaster unemployment benefits in the aftermath of Hurricane Rita: Acadia, Allen, Ascension, Beauregard, Calcasieu, Cameron, Evangeline, Iberia, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Plaquemines, Sabine, St. Landry, St. Martin, St. Mary, St. Tammany, Terrebonne, Vermilion, Vernon, and West Baton Rouge.
Oklahoma
Fisher Wants Trial Moved
Faced with embezzlement and perjury charges stemming from the time when he held office, former Oklahoma Insurance Commissioner Carroll Fisher is seeking to have his trial moved out of Oklahoma County, according to the Associated Press and the Oklahoman.
Arguing that an impartial jury could not be seated in Oklahoma County because of media coverage, Fisher’s attorney, Robert L. Wyatt IV, reportedly asked that the Feb. 6, 2006, trial be moved to either Newkirk, Ardmore or Ada.
The former commissioner is accused of illegally depositing a $1,000 state campaign check into his overdrawn personal bank account in 2003 and not disclosing the $1,000 on campaign reports. Judge Susan Caswell was to consider the defense request Nov. 21.
Fisher, a Tulsa Democrat, resigned last year in advance of an impeachment trial in the state Senate.
Accused of bribery for accepting a $25,000 check and other gifts from Texas businessman Gene E. Phillips, his family and business associates, Fisher wants that charge dismissed. According to the AP, Fisher claims the $25,000 check was a loan.
Texas
Allstate Payments on Hold
Texas’ Third Court of Appeals in Travis County put on hold payments from Allstate Insurance Company to some victims of Hurricane Rita.
Allstate previously had been or-dered by a state district judge to pay living expenses to customers displaced by the storm for reasons other than direct
damage to their homes after the Texas Department of Insurance took court action against the company.
According to the Associated Press, Allstate has put the payments on hold pending a new appeals hearing.
TDI is seeking a permanent injunction against the company that would force Allstate to pay the claims in question.
Allstate reportedly is continuing to process claims and is asking its policyholders to save documentation and receipts.