[StBernard] Judge declines to rule out punitive damages in Katrina case

[Westley Annis]

GULFPROT, MS -- A federal judge Thursday refused to rule out punitive
damages in the trial for a Biloxi homeowner's lawsuit against State Farm
Fire and Casualty Co. filed after Hurricane Katrina. 
 
U.S. District Judge L.T. Senter said he will let the jury decide whether
State Farm owes Biloxi City Council member Edward Gemmill money for his
claim as well as whether punitive damages are warranted in the case. 
 
Closing arguments were expected to begin later Thursday. 
 
The Aug. 29, 2005, storm demolished Edward Gemmill's home, leaving only a
slab. A flood insurance policy paid him the maximum of $128,100, but State
Farm denied Gemmill's claim under his homeowner's policy. 
 
Gemmill claims his home was completely destroyed by wind before any
flooding, but State Farm blamed the damage on Katrina's storm surge and says
the company's experts didn't find any evidence of wind damage. 
 
Gemmill is seeking the full amount of his $211,070 claim plus $5 million in
punitive damages. 
 
Outside the jury's presence, Senter told attorneys for both sides that the
facts of this case were different than the case brought by policyholders
Norman and Genevieve Broussard and tried in January. In that trial, Senter
took part of the case out of jurors' hands and ruled State Farm was liable
for $2.5 million in punitive damages. 
 
"There are substantial differences between the facts of this case and those
of the Broussard case," Senter said of the Gemmill case.