LKBOC, LLC v. Continental Casualty Company

Hurricane Katrina Claims

No. 06-1617 (E.D.La. Feb. 13, 2007): Obtained partial summary judgment for insurance client in a lawsuit over the availability of lost rents insurance to downtown office towers in New Orleans for the period after the lifting of Hurricane Katrina evacuation orders and the restoration of utility services.

The LKBOC case is the first court decision on the period of indemnity for service interruption to commercial property in downtown New Orleans following Hurricane Katrina. LKBOC joins a growing list of cases in recent years finding that even in devastated areas the extended period of indemnity coverage found in many commercial insurance policies does not extend insurance coverage past the resumption of normal operations in the insured buildings. The decision is expected to have a broad impact on service interruption claims arising from Hurricane Katrina.