[StBernard] Louisiana "Act of God or Caused by Man" Insurance Litigation Update

[Westley Annis]

A suit seeking to have a judge decide whether hurricane damage in the New
Orleans area was a problem caused by man or an "act of God" has been moved
to New Orleans federal court. 

U.S. District Judge Frank Polozola decided during a Thursday hearing that
the case should remain in the federal court system, but would be better
handled in New Orleans, attorney Jerry McKernan said. 

McKernan filed the suit shortly after Katrina struck the Gulf Coast on Aug.
29. 

In addition to moving the case to New Orleans, Polozola also ruled that the
Louisiana insurance commissioner should not be a defendant in the case and
just three insurance companies - State Farm, Allstate and American - will
remain as defendants. 

At issue is the cause of damage to property during the hurricane. Most
homeowners insurance policies say they do not cover damage caused by
flooding. However, some attorneys have contended that since New Orleans was
flooded by levee breaches, the damage was man-made and should be covered