[StBernard] Jury selection critical in Katrina slab case

[Westley Annis]

Can Coastians be fair and impartial?


By ANITA LEE


calee at sunherald.com

GULFPORT - The first jury trial of a Hurricane Katrina slab case begins
Monday morning in U.S. District Court in Gulfport.
 
Former Biloxi City Councilman Norman Broussard and wife Genevieve are suing
State Farm Fire & Casualty Co. because their insurer denied coverage for the
total loss of their home off U.S. 90 in West Biloxi.
 
Attorneys on both sides of Katrina insurance litigation will be watching
closely to see if a fair and impartial jury can be seated from a pool of
about 100 potential jurors. Jury selection is expected to take at least one
day.
 
State Farm has filed motions in this case and others to move trials to
Oxford because the company says it will be unable to get a fair trial on the
Coast. Attorneys for policyholders maintain trials in north Mississippi
would be an undue burden and that a fair and impartial jury can be selected
in South Mississippi.
 
Judge L.T. Senter Jr. has reserved a ruling on the change of venue motion to
see how jury selection goes.
 
The case is typical of more than 1,000 filed against insurers in federal
court, in that the argument is over whether wind or water damaged the
property and whether State Farm blamed tidal surge, excluded from coverage,
to avoid paying the claim.
 
The Broussards are seeking full coverage for their property losses under
their State Farm policy, plus $5 million in punitive damages.
 
State Farm denies any wrongdoing and has maintained that the Broussards have
failed to lay out a claim for punitive damages. The company offered the
Broussards $20,000 in December to settle the case, according to court
records, but they turned it down.
 
They bought a State Farm policy with total coverage of $223,292 for a house,
dwelling extension and contents.
 
The Broussards want full coverage for their losses because they say evidence
shows that hurricane winds, including a tornado, caused their home to
explode before the tide surged in. State Farm maintains tidal surge caused
the destruction.