Insurer May Not Amend Answer to Assert Counterclaims Against Policyholder, La. Federal Judge Rules

NEW ORLEANS — A Louisiana federal judge has refused to allow an insurer to amend its answer to assert counterclaims against an insured seeking additional sums for flood damage caused by Hurricane Isaac, explaining that allowing the motion at this late date in the litigation would prejudice the plaintiff.

On Feb. 27, Judge Daniel E. Knowles III of the U.S. District Court for the Eastern District of Louisiana found that if Selective Insurance Company of the Southeast deposed the insured earlier it would have known that the property was not his primary residence.

Ricarlo Alleyne owns two homes in …