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Friday, Nov. 06, 2009

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Wind vs. water trial to resume Monday

State Farm hopes experts will testify

- calee@sunherald.com
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GULFPORT — The fifth day of trial in a Hurricane Katrina wind vs. water case was cancelled Friday because Judge L.T. Senter Jr. was sick.

The jury trial in Bossier v. State Farm is expected to resume Monday morning in U.S. District Court.

Reginald “Ed” Bossier contends that wind effectively destroyed his one-story home before the tide from the Back Bay surged through.

State Farm claims tidal surge, excluded from coverage, caused the loss.

Bossier is seeking policy limits of $650,000 in addition to payments already received for shingle and siding damage above the 8-foot water line.

He also has received $77,000 for an outbuilding, but that payment came four years after Katrina as the case headed to trial. A neighbor said the outbuilding was gone when he looked out after cowering in his hall for two minutes while a tornado roared outside.

State Farm had begun presenting its case Thursday. The company hopes two experts — an oceanographer and wind engineer — will testify Monday. Senter must first rule whether their testimony will be allowed and, if so, restricted to weather conditions during the storm.

Bossier’s attorney, Judy Guice, contends State Farm’s experts should not be allowed to criticize the work of Bossier’s licensed engineer and witness, Ted Biddy, or offer an opinion on the cause of loss because neither expert is a licensed engineer.

Company attorneys said they would finish their case with testimony from State Farm employee Tip Pupua. After Katrina, Pupua worked as a team manager and supervised the adjuster who inspected Bossier’s property.

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