A Louisiana state appeals court said a lower court could not make a summary judgment against the state's Citizens Insurance Company using the state's Valued Policy Law and ordered a jury trial to sort out the issue.
In a 3-2 decision, the State Third Circuit Court of Appeal ruled that the lower court should not have rendered a summary judgment against Louisiana Citizens Property Insurance Company. Instead, it ruled it is up to a jury to apportion responsibility under the law.
The case, Landry vs. Citizens, was heard on appeal from the Fifteenth Judicial District Court in the Parish of Vermillion. The court was asked to review the state's valued policy law. The law requires insurers to pay for the full value of a homeowners policy when the resulting total loss involves a combination of covered and non-covered perils.
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