NU Online News Service, Feb. 8, 3:07 p.m.EST

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Negotiations between Louisiana Citizens Property Insurance Corp.and plaintiffs' attorneys over more than $100 million are off to abad start.

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According to Richard Robertson, chief executive officer ofCitizens, the state-run insurer and plaintiffs' attorneys continueto meet today in an attempt to resolve years of litigation withpolicyholders who say the last-resort insurer failed to start theclaims-adjusting process within the time frame set by law followingHurricanes Katrina and Rita in 2005.

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Yesterday, Citizens presented an $80 million offer to settle thecase. Attorneys representing the class of plaintiffs in a lawsuitagainst Citizens countered with an offer of $123 million to be paidin three installments.

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Robertson says Citizens' offer “comes with conditions and therehas been no formal acceptance or rejection.”

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However, attorneys for the plaintiffs say Citizens made itsoffer to the public after their meeting. The offer has not beenmade to policyholders. In fact, Citizens only offered $35 millionduring the meeting yesterday, they say.

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The offers are being made to settle an ongoing legal battleagainst Citizens. Most recently, the state Supreme Court reinstatedwhat is now a judgment of more than $100 million against Citizens,paving the way for about 18,575 Citizens policyholders to collect$5,000 each. However, the amount of people eligible to join theclass could rise. Attorneys say the reward could be closer to about$145 million.

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According to plaintiffs' attorneys, their settlement offershould not have been publicized by Citizens and InsuranceCommissioner Jim Donelon.

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Fred Herman, class counsel, says the actions of Citizens andDonelon are “highly unprofessional.”

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Donelon has “made a public spectacle of the so-called 'offer' of$80 million, but he and the Citizens board fail to understand thatwe have a judgment for $104 million plus $10,000 per day ininterest until the funds are paid,” says Wiley Beevers, who servesas class counsel.

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Sharing the negotiations with the public is a “stalling tactic”to delay payments to policyholders, Beevers says.

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“We cannot do business with them like this,” he adds. “IfDonelon wants to negotiate this way, he should just rent an eventhall and invite the public in for the negotiation.”

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Beevers says the class is engaged in a battle with Citizens'bank to unfreeze the insurer's account. The class wants its moneyturned over to authorities for safe-keeping, he says. Anotherlawsuit could be filed against the bank, Beevers adds.

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