IT MAY NOT BE TOO LATE TO FILE YOUR HURRICANE KATRINA LAWSUIT.
The time period to file lawsuits against insurance companies over a Hurricane Katrina claim might not have expired two years after the storm.
A state appeals court opinion issued January 7, 2009 says that it was legal for New Orleans homeowner Brenda Pitts to have filed a lawsuit against Louisiana Citizens Property Insurance Corporation months after the Act 802 deadline for initiating litigation, because a class-action lawsuit had stopped the clock from running out. Louisiana Citizens Property Insurance appealed the decision to the Louisiana Supreme Court. However, on April 3, 2009, the Louisiana Supreme Court refused to hear the appeal and, in effect, the January 7, 2009 decision stands unchanged.
In Brenda Pitts v. Louisiana Citizens Property Insurance Corporation, Attorney Charles E. Lavis Jr successfully argued that policyholder Brenda Pitts timely filed her individual lawsuit over two years after Hurricane Katrina by properly following the class action suspension/tolling laws and timely filing her individual lawsuit against her insurance company concerning class action issues after a determination on class certification had been made.
Louisiana state courts, as well as courts in other states and federal jurisdictions, have been applying class action suspension/tolling laws for the past 30 to 40 years. The rationale for the suspension/tolling laws was in part to avoid unnecessary repetitive filings by individuals who wanted to join the class. Another rationale was to protect the rights of putative class members who were unaware that litigation had even been filed ostensibly on their behalf.
It may not be too late for policyholders to file lawsuits concerning Hurricane Katrina property damage. Lavis Law Firm is still accepting a limited number of Hurricane Katrina insurance cases. Policyholders may be facing important legal deadlines. Therefore, policyholders should not delay in hiring counsel to protect their interests.
If we can help you in any way, do not hesitate to contact us. The evaluation of your Hurricanes Katrina, Gustav or Ike insurance claim is free. Submit your case evaluation to Lavis Law Firm today. If you prefer, you may contact us at 504-834-4000 or toll-free 1-866-558-9151.
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