5th Circuit Panel Unable To Resolve Dispute Over Insureds’ Post-Loss Assignments

NEW ORLEANS – In light of the Louisiana Supreme Court’s May 10 answer to a certified question regarding post-loss assignments, the Fifth Circuit U.S. Court of Appeals on June 28 found that it is unable to resolve an appeal by more than 200 insurers challenging approximately 151,000 homeowners’ Hurricane Katrina and/or Rita claims based upon their assignments of policy rights to the State of Louisiana, vacating and remanding a lower federal court’s ruling denying the insurers’ motion to dismiss (In Re: Katrina Canal Breaches Litigation, No. 09-30485, 5th Cir.; 2011 U.S. App. LEXIS 13169; See August 2010, Page 9).
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