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Douglas v. Renola Equity Fund, II, LLC

2015 U.S. Dist. LEXIS 124986 (2015)

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Douglas v. Renola Equity Fund, II, LLC

United States District Court for the Eastern District of Louisiana
2015 U.S. Dist. LEXIS 124986 (2015)

  • Written by Tammy Boggs, JD

Facts

Renola Equity Fund, II, LLC (Renola) (defendant) owned a condominium building at 217 Plantation Drive. Renola had a flood-insurance policy for the property from Imperial Fire and Casualty Insurance Company (Imperial Fire) (defendant) and was the only named insured on the policy. In August 2012, Hurricane Isaac hit Louisiana. Flooding from the hurricane allegedly damaged the building and caused toxic mold. Officials declared the building uninhabitable and ordered residents to vacate the premises. The residents (plaintiffs) sued Renola, Imperial Fire, and other parties (defendants), seeking to recover damages from toxic-mold exposure. As to Imperial Fire, the residents asserted a cause of action for bad-faith insurance practices under state law. Imperial Fire moved for summary judgment, arguing that the residents lacked privity of contract and failed to make a timely flood-loss claim.

Rule of Law

Issue

Holding and Reasoning (Vance, C.J.)

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