October 30, 2008

Homeowners' and Business Insurance

A reality of living on the Gulf Coast is the yearly threat of hurricane season. While many bypass us, the threat of a direct hit requires property owners to plan for the future, whose plans typically involves insurance policies. Insurance companies hold an important role in society, they are the ones we turn to when disaster strikes, as they represent themselves in large-scale advertising campaigns. Their job is to assess the chance of any given peril occurring, and determining a value a policyholder should pay for the right to receive a benefit should the covered event occur. Some perils carry such high rates of risk, private insurers are unwilling to write policies regarding that event. With some exceptions, flood and certain water-related events are typically not covered under an all perils insurance policy, or flood is excluded under an all risks policy.

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March 6, 2008

Videos of Hurricane Katrina Conditions May Be Inadmissible in Lawsuits for Damages Sustained During the Storm

Rule 403 of the Federal Rules of Evidence states that “although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Fed.R.Evid. 403 (Emphasis added). The application of this rule has been hotly contested in current insurance litigation, with specific regard to the admissibility of videos documenting Hurricane Katrina conditions in a different geographic location from where the property damage at issue in the case occurred.

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