JOHN v. NATIONAL SEC. FIRE AND CAS. CO.

No. 07-30237.

501 F.3d 443 (2007)

Jana JOHN, Individually and as Class Representative on Behalf of All Similarly Situated Persons; Ryan John, Individually and as Class Representative on Behalf of All Similarly Situated Persons, Plaintiffs-Appellants, v. NATIONAL SECURITY FIRE AND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 2007.


Attorney(s) appearing for the Case

Clayton Arthur Larsh Davis (argued), Lundy & Davis, Lake Charles, LA, for Plaintiffs-Appellants.

Travis Louis Bourgeois (argued), Sidney W. Degan, III, Degan, Blanchard & Nash, New Orleans, LA, for Defendant-Appellee.

Judy Y. Barrasso, Susan M. Rogge, Barrasso, Usdin, Kupperman, Freeman & Sarver, New Orleans, LA, for Amici Curiae.

Before SMITH, BENAVIDES and DENNIS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Jana and Ryan John appeal the dismissal of their class allegations. Finding no error, we affirm.

I.

The Johns were homeowners insured by National Security Fire and Casualty Company ("National Security") when their house was damaged by Hurricane Rita. They allege that National Security violated the terms of the policies it issued in Louisiana by systematically under-adjusting damages claims by failing to account for...

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