After Hurricane Gustav made landfall near Cocodrie with sustained winds in excess of 115 miles per hour property owner George Swain submitted a claim for property damage regarding his residential property at Louis XIV Street in New Orleans.

Following an investigation, the insurance company determined that the property sustained covered wind and rain damage, but only provided limited benefits.

Claiming the company breached its statutory duty of good faith and fair dealing, Swain filed a lawsuit against Louisiana Citizens Property Insurance Corp., doing business as Louisiana Citizens Fair Plan, on May 17 in Orleans Parish District Court.

Swain states that the Citizens "arbitrarily and capriciously underestimated the claim and tendered limited benefits under Policy."

Swain is asking the Court to award all benefits due and owing under the Policy, damages caused by the breach of contract, penalties, attorney's fees, legal interest and costs.

Metairie attorneys Joseph S. Piacun, Thomas A. Gennusa, II and Reid S. Uzee of Gennusa, Piacun & Ruli are representing Swain.

Judge Paulette R. Irons is assigned to the case.

Case No. 10-5008

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