The legal landscape can be full of unexpected twists and turns, and one such situation arose in this perplexing lawsuit. Erika Mann’s post-Hurricane Katrina home-raising project became a legal battle when she filed a lawsuit against Tim Clark Construction LLC and their insurer, Evanston Insurance Company. As the trial court issued a judgment that seemingly favored both parties, questions arose about the validity and coherence of the ruling. Join us as we delve into the intricacies of this case and explore how an inconsistent judgment navigated its way through the appeals process.
Erika Mann hired Tim Clark Construction LLC to raise her house in the aftermath of Hurricane Katrina as part of Louisiana’s Hazard Mitigation Grant Program. Evanston Insurance Company was Tim Clark’s insurer for the relevant period. Its policy included a commercial general liability form covering bodily injury and property damage. It was an occurrence policy, which required that the injuries and damage occurred during the policy period. Additionally, the insurance policy had a pre-existing endorsement, which excluded any damage or loss that began to occur from an occurrence that began before the policy period.
The construction took a few months, after which Tim Clark Construction obtained a certification of completion and occupancy. However, elevation studies revealed that the house had not been appropriately elevated. Mann then informed Tim Clark Construction it had not properly completed the project, and the house had failed inspection.