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Woman wins nearly $450,000 after $32,500 flood barrier fails to save home

By · Via Times of India · Published by Everything Blog

In short

The collapse of the Calcasieu River barrier in May 2017 forced Molbert to spend over $266,000 on residential repairs alongside more than $167,000 for an engineered steel replacement. Although an initial trial allocated 25% of the fault to Molbert, the Third Circuit Court of Appeal fully cleared her of responsibility and increased her mental anguish damages. Furthermore, the court determined that the contractor's lack of legal licensing rendered the original agreement null, eliminating a breach-of-contract exclusion that the insurer attempted to use.

Key points

  • Homeowners are not liable for structural damage caused by defective contractor installati…: Homeowners are not liable for structural damage caused by defective contractor installations tied directly to foundational pilings.
  • Contractors operating without legally required licenses nullify standard agreements, prev…: Contractors operating without legally required licenses nullify standard agreements, preventing insurers from citing breach-of-contract coverage exclusions.
  • Standard commercial work-product exclusions do not shield insurers from paying for collat…: Standard commercial work-product exclusions do not shield insurers from paying for collateral damage inflicted on a client's broader residence.

Sources checked by our analysis pipeline: 1

A riverfront home can face years of damage from erosion and moving water, making protective structures an important investment for homeowners. But when a barrier built to safeguard a property fails during a flood, the consequences can extend far beyond the cost of replacing it. One Louisiana homeowner experienced this after a wooden river barrier collapsed, leaving her house structurally compromised and requiring hundreds of thousands of dollars in repairs.

The Louisiana Court of Appeal, Third Circuit, addressed the dispute in its October 30, 2026,

decision in Elizabeth D. Molbert v. Kenko Bulkhead & Marine Services, LLC, et al., available on Justia. The court examined the contractor's responsibility for the failed construction, the homeowner's share of fault and the extent of the contractor's insurance coverage. It ultimately removed the homeowner's share of responsibility, increased her mental anguish compensation and revised the damages awarded, bringing her total recovery to $448,431.34.

A $32,500 bulkhead was built to protect the riverfront property

Elizabeth Molbert purchased her home along the west fork of the Calcasieu River in 2009 for $109,000. Several years later, concerned…

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