NEW ORLEANS – Two insurance policy holders have filed suit against their insurance company over damages caused by Hurricane Isaac, as well as alleged misrepresentation of the coverage of the policy.
Aristide O. Marshall and Stephenie J. Marshall filed suit against Access Home Insurance Company in the Orleans Parish Civil District Court on May 14.
The plaintiffs claim their property suffered severe damage from Hurricane Isaac that was supposed to be covered under their insurance policy with the defendant. They assert that the defendant did not properly assess the damage and negligently represented insurance policy provisions relating to coverage of damages. They also claim their policy with the defendant included coverage for damages caused by wind, but that the defendant did not perform its obligation to pay for wind damages.
The defendant is accused of breach of contract regarding the plaintiffs' insurance policy, bad faith claims handling, negligent claims handling, breach of duty of good faith and fair dealing, violation of multiple Louisiana state statutes and negligent misrepresentation.
The plaintiffs are seeking an unknown amount in damages for diminution in value of the property, repair expenses, increased remediation expenses due to the defendant’s negligence, amount due under the policy not previously paid, mental anguish, loss of use and attorney’s fees.
They are represented by Shelley R. Hale from the firm of Speights & Worrich in New Orleans.
The case has been assigned to Division N Judge Ethel S. Julien.
Case no. 2014-04780.