Woman Settles State Farm Slab Suit: Insurer Had Paid Nothing on Homeowner’s Policy
By Robin Fitzgerald, The Sun Herald, Biloxi, Miss.
Mar. 17–GULFPORT — A D’Iberville woman’s civil complaint in a Hurricane Katrina “slab” case against State Farm Fire and Casualty Co. was settled Friday, ending plans for trial next week.
Attorney Jack Denton notified a federal judge that Melanie Bass and State Farm had reached an agreement that won’t require the court’s time to resolve. The trial, set for Monday, would have been the fourth involving a policyholder’s complaint that State Farm denied insurance coverage over questions of separating wind damage from water damage to a home reduced to a slab.
“What led to this settlement,” Denton said, “is the preceding three trials. What we’ve felt from the beginning is we needed to try several of these cases in order to properly evaluate them and advise our clients.”
In Bass’ case, her home on Racetrack Road was covered by a homeowner’s policy with limits of $115,280 for the house and a dwelling extension and $78,600 for contents. State Farm denied her homeowner’s claim, blaming floodwater, which was excluded from that policy.
Bass also filed a claim on her flood policy, with limits of $31,300 for the dwelling and $7,800 for personal property. She received the full amounts from the flood policy.
Bass accused State Farm of breach of contract and bad faith. She sued to recover $177,850 plus punitive damages of $5 million.
Terms of settlements are confidential.
The settlement was reached a day after Edward and Lisa Gemmill of Biloxi received a jury award of $66,234 on their homeowner’s claim and reached a settlement on punitive damages.
State Farm spokesman David Majors said after court adjourned that the case showed “every claim is unique.”
Earlier this month, Michael and Michelle Williams of Ocean Springs settled with State Farm after a federal judge ruled out punitive damages.
In January, Norman and Genevieve Broussard of Biloxi were awarded policy limits of $211,222 and $1 million in punitive damages.
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Copyright (c) 2007, The Sun Herald, Biloxi, Miss.
Distributed by McClatchy-Tribune Business News.
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