Baton Rouge -- The board of the state-run property insurer of last resort instructed its attorneys Thursday to explore settlement talks with lawyers for two separate class action lawsuits that were filed after Hurricanes Katrina and Rita in 2005. Officials of the Louisiana Citizens Property Insurance Corp. voted unanimously to launch talks to resolve Geraldine Oubre and Linda Gentry vs. Louisiana Citizens Fair Plan, a Jefferson Parish lawsuit; and Toni Swain Orrill et al vs. Louisiana Citizens Fair Plan, a New Orleans case.
Richard Robertson, Citizens chief executive officer, said the agency's legal team was not given parameters to discuss, such as a maximum or minimum dollar amount or the level of attorneys fees.
"The board would really like to get these claims resolved and move forward," he said.
The settlement talks come after years of Citizens fighting a judgment handed down by 24th Judicial District Court Judge Henry Sullivan of Gretna ordering the agency to pay more than $92.8 million to 18,573 members of the Oubre class action. That amount has grown to about $105 million with legal interest added daily while Citizens appealed the case.
The plaintiffs in that case should get $3,000 to $5,000 each, lawyers in the lawsuit said. The lawsuit alleges that Citizens failed to properly send out adjusters to review damage claims in the weeks after the 2005 hurricanes.
Another 7,800 plaintiffs in the Oubre case have claims pending, Robertson said. The settlement would include those claims.
The possible settlement in the Orrill case, Robertson said, involves between 12,000 and 14,000 people who claim Citizens did not properly pay their claims following the hurricanes.
Earlier reports said members of that class action could get about $1,000 each. Robertson declined to discuss any dollar amounts involving either case.
"I want to try to get a settlement on the table (for a board vote) at the September meeting," Robertson said.
The board discussed the settlement overtures in the two cases in a closed-door session that lasted 77 minutes. The board voted on broaching possible settlements when it resumed its public meeting.
Citizens' lawyers will attempt to hammer out an agreement with lawyers in the Orrill case, Robertson said, while three board members are expected to talk to attorneys in the Oubre case.
The three board members named to the negotiating team are Jim Napper, state Treasurer John Kennedy's designee on the board; and Sens. Dan "Blade" Morrish, R-Jennings, and Eric LaFleur, D-Ville Platte.
Fred Herman, one of the lawyers involved in the years-long litigation, said attorneys in the class action suits welcome the board's vote to try to reach a settlement.
"We look forward to hearing from them," Herman said after the meeting.
Robertson also asked the board for authority to contact the Jefferson Parish Sheriff's Office to see if a $5.9 million fee it received for seizing Citizens assets from Regions Bank can be negotiated. Under state law, the sheriff's office must seize assets pursuant to a court order and receives a percentage of the amount seized.
"I don't know how much room there is to negotiate" based on what state law requires, Robertson said.
Ed Anderson can be reached at eanderson@timespicayune.com or 225.342.5810.
Source: http://www.nola.com/business/index.ssf/2012/08/louisiana_citizens_property_in_7.html
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