Articles by Robert Redfearn, Jr.

Katrina lawsuits: Are the winds of fortune changing for insurers?

In the immediate aftermath of Hurricane Katrina when it became apparent that property losses would total billions of dollars, the insurance industry was understandably concerned that courts in Mississippi and Louisiana might feel pressure to judicially eviscerate the flood exclusions …

Burden of proof to determine insurance coverage in ‘slab’ case

When asked to determine coverage under an insurance policy, courts frequently recite the principle that the insured has the burden of proving coverage under the policy and the insurer has the burden of proving exclusions from coverage. For the majority …

Hurricanes Katrina and Rita spawn legislation, bulletins in Miss. and La.

Hurricanes Katrina and Rita exposed many misconceptions and misunderstandings that consumers had, or claimed to have had, with respect to their insurance coverage for hurricane related damage. The aftermath of these two hurricanes also revealed that some insurance professionals are …

First post-Katrina court decision a victory for insurers

On Aug. 15, 2006, a decision was handed down in the first post-Katrina insurance lawsuit to go to trial. Because there are thousands of lawsuits raising the same claims with millions, if not billions, of dollars at stake, this lawsuit …

Coverage issues at core of Hurricane Katrina-related litigation

The amount of property damage caused by Hurricane Katrina in Mississippi and Louisiana has been extensively reported, as has the fact that many people in those states did not have flood insurance coverage. As a result, numerous lawsuits, including a …

Coverage issues at core of Hurricane Katrina-related litigation

The amount of property damage caused by Hurricane Katrina in Mississippi and Louisiana has been extensively reported, as has the fact that many people in those states did not have flood insurance coverage. As a result, numerous lawsuits, including a …

What does a ‘Valued Policy’ cover in Louisiana and Mississippi?

As is obvious from a perusal of newspaper articles and legal journals, the devastating damage throughout the entire Gulf Coast Region from the recent hurricane season has raised numerous legal issues regarding insurance coverage and recovery. Most issues arise from …

Hurricanes Katrina and Rita: Exposing Settled (?) Insurance Coverage Issues

After any natural disaster, people who suffered property damage eventually look for sources of money to repair their damage and/or replace their loss with insurance being the first source for those with policies. In this respect, the reaction to the …

Oilfield Anti-Indemnity Acts and Their Impact on Insurance Coverage

In the oilfield, operators typically enter into Master Service Agreements with various contractors who supply services and materials needed in connection with the many and varied oilfield operations. The MSAs usually require the contractor to indemnify the operator against any …

My Brother’s Keeper–Duties and Liabilities of Agents and Brokers

Insurance plays an important role in today’s society in protecting individuals and businesses from different risks. A wide variety of policies and products have been developed to cover common, and not so common, risks inherent in today’s business world and …