The Monson Law Firm attorneys Rachel Flarity and Joshua Dierker won a Motion for Summary Judgment in the case of “Charles Nelson, et al v. Americas Insurance Company” in the United States District Court for the Middle District of Louisiana. In this case, plaintiffs’ property flooded and before plaintiffs made any major repairs, the property burned down. In the claims process, Americas Insurance Company tendered the policy limits less the recovery plaintiffs received from their flood insurer. In their lawsuit, plaintiffs demanded recovery of the entire amount of the homeowner’s property limits from Americas Insurance Company under Louisiana’s Valued Policy Law (“VPL”). The Monson Law Firm successfully argued that because plaintiffs’ property was damaged due to flooding, a non-covered peril, there was no “total loss” under the VPL. In a 29 page decision, the Court held that plaintiffs could not recover the total amount of their homeowner’s policy limits. The Honorable John W. deGravelles granted the motion by signed judgment signed dismissing plaintiffs’ claims under the VPL. Please click here for a copy of that judgment.
