State Farm questions impartiality of judge in Katrina insurance case
NEW ORLEANS (AP) — State Farm Fire and Casualty Co. is asking a federal judge to disqualify himself from hearing a bid to certify a class action lawsuit against the insurer over Hurricane Katrina damages.In court papers filed last week in Gulfport, Mississippi, a State Farm lawyer questioned whether US District Judge L.T. Senter, Jr., can be impartial in the case because a federal magistrate judge and a federal court clerk in Mississippi could be plaintiffs in a class action against the company.
Senter already has recused himself from hearing the individual lawsuits that US Chief Magistrate Judge John Roper and Terri Brown, a clerk for US District Judge Louis Guirola Jr., filed against State Farm. Senter also should recuse himself from ruling on the bid for a class action to avoid “even an appearance of partiality” toward Roper or Brown, State Farm attorney William Reed wrote. On Wednesday, Senter is scheduled to hear arguments from attorneys on whether to allow a class action against State Farm by policyholders whose homes were completely destroyed.
On the same day, Senter plans to hold a separate hearing on the terms of a proposed settlement that calls for State Farm to pay at least $50 million to roughly 36,000 policyholders whose claims can be reopened, reviewed and possibly paid. State Farm isn’t seeking to disqualify Senter from hearing that case.
Mississippi Attorney General Jim Hood filed a motion in federal court on Thursday to intervene in the settlement hearing in order to enforce the terms of his state court settlement with the insurer.
State Farm also is seeking to bar one of Senter’s clerks from working on any of the lawsuits that Gulf Coast homeowners filed against the company after Katrina because he sued a different insurer over storm damage to his own home.
