LOUISIANA JURY FINDS IN FAVOR OF INSURER IN HURRICANE PROPERTY DAMAGE CASE—TAKE NOTHING VERDICT ENTERED IN FAVOR OF REPUBLIC FIRE AND CASUALTY INSURANCE COMPANY

After a one-week trial in the United States District Court for the Eastern District of Louisiana, a jury recently entered a unanimous verdict that the plaintiff take nothing in its case against Republic Fire and Casualty Insurance Company. In Fred DeFrancesch v. Republic,[1] the plaintiff sought to recover for property damage arising from Hurricane Isaac. The plaintiff demanded $323,656.97 based on an estimate by two engineers, $647,313 in penalties, and $517,851 in costs.  Although Republic’s own experts estimated damage of $18,998, Republic declined to pay the claim because this amount was below the deductible.

After Republic concluded its case, it moved for and was granted a judgment as a matter of law dismissing all of plaintiff’s extra-contractual claims, leaving only the breach of contract claim.  In less than three hours, the jury returned with a verdict that plaintiff had no damages exceeding the deductible amount.  Because plaintiff failed to timely file a motion for new trial or notice of appeal, Judge Susie Morgan will likely enter final judgment in favor of Republic. 

[Editor’s Note: Even though this case was tried in Louisiana, it consists of another win for the insurance industry in a hurricane-related dispute and we felt it was worth worthy of reporting from our neighboring state.  We congratulate our friends at Republic on this significant victory].

[1] Fred Defrancesch v. Republic Fire & Casualty Ins. Co., No. 13-5583 (E.D. La. Aug. 1, 2014).