Reset Font to Default Medium Font Larger Font

Commonly Asked Questions

Why did I get a Notice and Claim Form?

Answer:

A Settlement has been reached with Louisiana Citizens Property Insurance Corporation about whether homeowners’ were properly offered a settlement for claims filed after Hurricanes Katrina and/or Rita.  A court authorized this notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options before the court decided whether to give final approval to the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights. 
 

What is this Lawsuit About?

Answer:

The lawsuit claims that Louisiana Citizens failed to provide claimants with a timely payment or written offer to settle claims within thirty (30) days after proof of a loss under homeowners’ insurance policies following Hurricanes Katrina and/or Rita. The lawsuit claims that this is in violation of Louisiana insurance laws. Louisiana Citizens denies these claims.

Why is there a Settlement?

Answer:

By agreeing to settle, both sides avoid the cost and risk of trial, and the people affected will get a change to receive compensation. The Class Representatives and the lawyers representing them think the Settlement in best for all Class Members. The settlement does not mean Louisiana Citizens did anything wrong.

What is a class action lawsuit?

Answer:

In a class action one or more people called “Class Representatives” (in this case, Evelyn Lockett and Oscar Magee) sue on behalf of people who have similar claims. All of these people are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

What are the Eligibility Requirements?

Answer:

In order to be part of the Settlement you must meet the following requirements:

  • Your property was insured under a Louisiana Citizens homeowners’ insurance policy at the time of Hurricanes Katrina and or Rita and;
  • Had damage to a structure covered by a Louisiana Citizens homeowners’ insurance policy as  a result of Hurricanes Katrina and/or Rita and;
  • You filed a claim as a result of damage covered by a Louisiana Citizen’s insurance policy as a result of Hurricane Katrina and/or Rita and;
  • You provided Louisiana Citizens with satisfactory proof of loss of your claim and;
  • Your claims file is absent the issuance of payment or a written offer to settle within thirty (30) days after receipt of satisfactory proof of loss; and
  • The thirty (30) day time period in which Louisiana Citizens should have provided claimants with the written offer to settle and/or issuance of payment for insurable losses starts at the date the damage inspection report was submitted to Louisiana Citizens and/or otherwise submitted proofs of loss.

The settlement does not include anyone who:

  • Has previously settled their claim with Louisiana Citizens and signed a release
  • Has filed an individual lawsuit against Louisiana Citizens involving damage from Hurricanes Katrina and/or Rita.

What does the Settlement provide?

Answer:

The Settlement has created a $20 million Settlement Fund to pay eligible Class Members. Louisiana Citizens has also agreed to pay up to an additional $550,000 for the cost of notice and administration of the Settlement.

What is Proof of a Loss?

Answer:

Proof of a loss includes either a damage inspection report and/or other itemized losses submitted to Louisiana Citizens.

How can I get a payment?

Answer:

The deadline to ask for a payment as part of this Settlement has passed.  A Claim Form needed to be postmarked no later than January 14, 2013 to be considered.

How much will I receive?

Answer:

The exact amount of your payment cannot be determined at this time. Your payment will depend on the number of valid claims that are filed, but could be up to $1,000.00.

When will I receive my payment?

Answer:

Payments will be mailed to Class Members who send in valid Claim Forms on time, after the Court grants “final approval” to the Settlement and after any appeals are resolved. If Judge Reese approves the Settlement after a hearing on January 30, 2013 there may be appeals. It’s always uncertain when these appeals will be resolved, and resolving them can take time.

What am I giving up to get a payment or stay in the Class?

Answer:

If the Settlement becomes final, you will give up your right to individually sue Louisiana Citizens for the claims being resolved by this Settlement. The specific claims you are giving up against Louisiana Citizens are described in the Settlement Agreement. You will be “releasing” Louisiana Citizens and all related people of these claims as described in the Settlement Agreement.  The Settlement agreement is available by clicking here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to Class Counsel for free or you can, of course, talk to your own lawyer if you have questions about what this means.
 

How do I exclude myself?

Answer:

To exclude yourself from the Settlement, you must send a letter that includes the following:

  • Your name, address, and telephone number,
  • Your name address at the time of Hurricanes Katrina and/or Rita (If different)
  • A statement that you wish to be excluded from Orrill v. Louisiana Citizens Fair Plan,
  • A statement that you understand you will not be eligible for a payment if you exclude yourself from the Settlement, and
  • Your signature, and date.

Your request for exclusion must be postmarked no later than January 14, 2013 and mailed to:

Louisiana Citizens Exclusions
PO Box 2842
Faribault, MN 55021-8564

How do I tell the Court that I object to the Settlement?

Answer:

To object or comment on the Settlement you must send in a written objection or comment and include the following:

  • The case name and number: Orrill v Louisiana Citizens Fair Plan, case No. 05-11720,
  • Your name, address, and telephone number,
  • Your signature and date,
  • Specific reasons for your objection, and
  • Whether or not you or your attorney will plan on appearing at the Fairness Hearing.

If you or your attorney will appear at the Fairness Hearing you must file a written objection that includes the following:

  • How long you need to present your objection;
  • List of exhibits, which you intend to offer during the Fairness Hearing;
  • List of any witnesses you intend to call at the Fairness Hearing, including a summary of his or her proposed testimony; and
  • Copies of all exhibits you intend to introduce at the Fairness Hearing.

Mail the objection or comment postmarked no later than January 14, 2013 to the Court, Class Counsel, and Defense Counsel at the addresses listed below.

Court
Attention: Dale Atkins
Civil District Court
421 Loyola Avenue
Room 402
New Orleans, LA 70112
Class Counsel
Gregory P. DiLeo
The Law Offices of Gregory DiLeo, APLC
300 LaFayette Street. Suite 101
New Orleans, LA 70130
Defendant’s Counsel
Darren Patin
Hailey, McNamara, Hall, Larman and Papale
One Galleria Blvd. Suite 1400
Metairie, LA 70001

When and where will the Court hold it hearing?

Answer:

The Court will hold a Fairness Hearing at 9:00 a.m. on January 30, 2013, at the Civil District Court in Orleans Parish, 421 Loyola Avenue, New Orleans, LA 70112.  The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Announcements on this website or call 1-877-434-3066.

May I speak at the Fairness Hearing?

Answer:

Yes. You may ask the Court for permission to speak at the Fairness Hearing.

To do so, you must send a letter saying that it is your “Notice of Intent to Appear in Orrill v Louisiana Citizens Fair Plan.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you.

Your Notice of Intent to Appear must be postmarked no later than January 14, 2013 and be sent to the Court, Class Counsel, and Defense Counsel at the address’s located in the notice (See Question 21). You must also state in your objection that you plan on appearing at the hearing.

How can I get more information?

Answer:

You may contact the Settlement Administrator at 1-877-434-3066 or write with questions to:

Louisiana Citizens Settlement
PO Box 2842
Faribault, MN 55021-8564 

Disclaimer

This site is not operated by the Court, Class Counsel, Defendant’s Counsel, or Defendant. This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of settlement administration.

View the Privacy Policy