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New Theory of Medical Liability – Lack of Emergency Preparedness

Insurance

I remember one of the thoughts I had as New Orleans flooded after Katrina was “the lawsuits from this are going to go on for years”.   The New York Times has a taste of that this weekend, looking at some Katrina aftermath in the hospital med mal arena:

The LaCoste trial is set to begin on [...]

A Week-Ending Chop Suey

Education

Between travel and work I haven’t had much time to do much recreational reading or writing.  But to clear out the inbox right quick, I give you: Chop Suey:

Over in Europe, Business Insurance mentions that the increased capital requirements for insurers proposed under Solvency II standards could have the side effect of reducing capacity for [...]

Mississippi Supreme Court Chimes in on Wind Versus Water

Insurance

This week saw the Mississippi Supreme Court rule on a lawsuit arising from a dispute between USAA and a homeowner over a Katrina claim.  The case is Corban v. USAA, and the ruling is online.

The short version of the Corban claim is:

The Corbans had a very nice property close to the Mississippi at the time [...]

When Will They Ever Learn? (Levee Repairs vs. Public Perception in NOLA)

Catastrophes

In the words of George Santayana:

Those who cannot learn from history are doomed to repeat it.

Seen at MSNBC:

In a yearlong review of levee work here, The Associated Press has tracked a pattern of public misperception, political jockeying and legal fighting, along with economic and engineering miscalculations since Katrina, that threaten to make New Orleans the [...]

The Hartford’s Modest Proposal on Coastal Wind Coverage

Insurance

In all the discussion since Katrina on federalization or semi-federalization of coastal storm risk in property insurance I’ve had a few qualms with the idea.  They include:

My inner libertarian objects to government involving itself in a matter that the free market should be able to address.   
Most of the proposals [...]

Katrina Cottages Now Available For General Public

Catastrophes

One development in the wake of Hurricane Katrina was the creation of “Katrina cottages” — cheap, easy-to-build housing intended to be a viable, attractive alternative to FEMA trailers as a form of post-disaster housing.

There have actually been problems with coastal Mississippi towns not wanting the cottages because they’re “too nice”.

Well, they’re so nice that apparently [...]

One Lawyer’s Modest Proposal on Wind vs Water

Insurance

One of the more annoying messes in the wake of Katrina was, at least among those homeowners who had flood coverage, how claims settlement could be delayed by wind and flood coverage being provided in two policies, each with somewhat different terms.

Some Gulf Coast politicians would have this, as well as many other wind vs. [...]

Army Corps of Engineers On The Hook Again For Katrina Flooding

Catastrophes

Seen at ABC News:

The Army Corps of Engineers can be held liable for flood damage caused by a “hurricane highway,” a navigation channel that is believed to have funneled Hurricane Katrina’s storm surge into the city, a federal judge ruled Friday.

The Corps of Engineers had argued that it was immune from liability because the channel [...]

Disaster Cottages too Nice?!

Bureaucracy In General

As a result of the 2004 and 2005 hurricane seasons, many Americans became familiar with FEMA trailers—the little white structures driven in after a catastrophe, to provide basic shelter to area residents whose homes had been destroyed.

Unfortunately, FEMA trailers have problems. They’re extremely cramped, somewhat dehumanizing, rather susceptible to wind damage, emit toxic fumes…and [...]

The Big Dog Enjoys Spring in Mississippi

Insurance

David Rosmiller has posted a decision from the Fifth Circuit Court of Appeals on the Broussard Katrina-slab case:

We REVERSE the judgment of the district court entering JMOL in favor of the Broussards. We REVERSE and VACATE the jury’s award of punitive damages. We AFFIRM the district court’s admission of testimony from the Broussards’ expert witness. [...]