NU Online News Service, Jan. 6, 2:44 p.m.EST

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Louisiana Citizens Property Insurance Corp. does not think thestate Supreme Court addressed all of the issues it should havebefore reinstating what now is a judgment of more than $100 millionfor policyholders.

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The state-run insurer of last resort ended 2011 with the badnews—a ruling from the state's highest court that reinstated theaward overturned by an appeals court. Each policyholder in theclass could get $5,000 each plus interest.

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The insurer is asking the Supreme Court to reconsider itsdecision.

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Citizens has been accused of failing to start theclaims-adjusting process with the timeframe set by law followinghurricane Katrina and Rita in 2005.

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Insurance Commissioner Jim Donelon called the ruling a “potentiallydevastating event.”

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The insurer “feels the Supreme Court did not answer all thequestions presented to it [but] rather just issued an opinionconfirming the ruling by the trail court judge that his allowanceof $5,000 per claimant was permitted,” says Richard Robertson,chief executive officer of Citizens, in an email.

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“[The court] did not address several items, including aconstitutional issue raised by us and the state attorney generalconcerning the ability to impose a penalty without any showing ofbad faith or conduct on the part of the insurer,” he adds.

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Citizens plans to file supporting documents on Jan. 10 and hopesto have “a favorable ruling from the court as soon as they reviewour request.”

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Citizens avoided having to post a bond to pay the originaljudgment while it appealed the case. Now, unless the state SupremeCourt reconsiders, all property-insurance policyholdersinLouisianacould be footing the bill because Citizens has theability to levy assessments.

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Donelon says the worst-case scenario is that Citizens' maximumexposure to the decision is $200 million, if other eligiblepolicyholders emerge.

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Donelon says he is not opposed to policyholders getting $5,000if they deserve it, but each should have to go to court to get theamount determined instead of an overall blanket judgment for all.He says private insurers faced similar class-action lawsuits butthey were not deemed applicable for class-action status.

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