METOYER V. AUTO CLUB FAMILY INSURANCE CO. 536 F.Supp.2d 664 (2008) CASE BRIEF

METOYER V. AUTO CLUB FAMILY INSURANCE CO.

536 F.Supp.2d 664 (2008)

NATURE OF THE CASE: This was Metoyer's (P) Motion in Limine to Exclude Evidence of Louisiana Recovery Authority Proceeds as a Collateral Source, P's Motion in Limine to Exclude Evidence of Flood Insurance Proceeds as a Collateral Source, as well as Auto's (D) Motion for Leave to Amend Witness and Exhibit List.

FACTS: P sustained damage to his New Orleans home as a result of Hurricane Katrina and filed suit to recover `sums alleged due under his insurance contract with D. P has recovered $57,907.62 from D for covered losses (i.e. wind) and $128,000 from flood insurer Allstate for structural damages. P was awarded a $150,000 grant from the Louisiana Recovery Authority ('LRA') to rebuild his home and a $10,000 grant from the U.S. Small Business Association. P argues that the LRA funds constitute a collateral source, and therefore he seeks to have any evidence of LRA funds excluded from evidence so as not to taint the jury.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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