Insurer Denied Judgment as a Matter of Law in Wake of Adverse Verdict in Proof of Loss Dispute

NEW ORLEANS — A Louisiana federal judge has denied an insurer’s motion for judgment as a matter of law following a verdict in which a jury found a proof of loss form submitted by a policyholder in a Hurricane Isaac case was adequate and the insurer breached the policy by denying coverage.

On Oct. 28, Judge Ivan L.R. Lemelle of the U.S. District Court for the Eastern District of Louisiana rejected the insurer’s argument that proofs of loss must be in writing, explaining that state law “uses a very flexible definition of proof of loss.”

Alfred and Rubbie Cotton sued …