OFFICIAL STATEMENT FROM XAVIER UNIVERSITY OF LOUISIANA
REGARDING NEWS REPORTS
OF U.S. SUPREME COURT’S REJECTION OF INSURANCE CLAIM

February 19, 2008, 4:30 pm

Today news reports have stated that the United States Supreme Court has rejected Xavier's insurance claim. 

Last fall, Xavier University asked the United States Supreme Court to consider the very narrow issue of whether it was error for the U.S. Fifth Circuit to refuse to certify an issue of Louisiana insurance law to the Louisiana Supreme Court because the Fifth Circuit has recently certified insurance issues to the Texas and Mississippi Supreme Courts. The Louisiana issue which affects hundreds of thousands of Louisianans is to be decided after the Louisiana Supreme Court hears arguments on February 26 in the case entitled Sher v. Lafayette Insurance Company. The Fifth Circuit was made aware that the issue was making its way to the Louisiana Supreme Court, and while sending obscure issues of insurance law to the Texas and Mississippi, the federal courts have refused to send their cases to the one court that actually decides Louisiana law. 

The U.S. Supreme Court merely declined to hear the issue. The United States Supreme Court did not consider any substantive issues and particularly did not consider whether the damages Xavier and others sustained after the levee breaches are covered by insurance. The Sher case which was tried to a jury last March addresses the same issue that the federal courts have thus far dealt with. The Louisiana Supreme Court will hear the issue of whether insurance wording excluding "water" is applicable to the levee breaches, in addition to Lafayette's effort to overturn a jury verdict of bad faith in its handling of Mr. Sher's claim. The determination of these issues in the Sher case will be applicable to Xavier's claims.

PLEASE REFER ANY FURTHER QUESTIONS TO OUR ATTORNEYS:

Darnell Bludworth -OR- James Garner
Sher Garner Cahill Richter Klein & Hilbert
909 Poydras St. – 28th Floor
New Orleans, Louisiana 70112
telephone:  504-299-2114
fax 504-299-2314
cell 504-723-5422