La. Federal Judge Denies Insurer Summary Judgment on Intent to Deceive Issue

NEW ORLEANS — A Louisiana federal judge has denied a homeowner’s insurer summary judgment in a hurricane damage case, finding questions of fact exist as to whether material misrepresentations in the insurance application were made by the policyholder or his agent and whether they were made with an intent to deceive.

On March 5, Judge Jane Milazzo of the U.S. District Court for the Eastern District of Louisiana also denied the policyholder’s motion for partial summary judgment on the issue of bad faith, ruling that there is a genuine dispute of material as to whether the insurer has a valid …