Louisiana Insurance Litigation Blog
WIND INSURANCE CLAIMS
How do I know if my wind insurance company acted improperly?
Under Louisiana Law, the following are unfair or deceptive acts by your insurance company:
-To misrepresent the terms of the policy;
-To misrepresent the benefits or advantages promised by the policy.
-To misrepresent a material fact or policy provision relating to coverage at issue;
-Failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement.
How do I know what is included?
Computerized claims adjustment has become the norm, with many adjusters using faulty adjustment programs, which undervaluate the claims.
Is my claim subject to depreciation?
In some cases, no, because replacement coverage gives you full recovery of the insured’s cost of rebuilding.
Can I recover on both fold and wind policies?
Yes if you have both flood and wind damages.
INFORMATION AFFECTING FLOOD AND BUSINESS INTERRUPTION CLAIMS
Fifth Circuit Holds the Insurer is Entitled to Summary Judgment Where No Sworn Proof of Loss for Flood Damage
You must file a Sworn Proof of Loss in a form acceptable to the Insurer – On time – or you lose your claim!
Rigid Proof of Loss requirements apply to flood damages. Your Proof of Loss must be accompanied by details of estimate(s) that support the proof – so you may need experts to prepare the claim in order to fully recover.
Business Interruption claims require an expert business evaluation by a CPA to avoid loss of benefits. The loss of income due under the policy is subject to specific definitions in the contract and the law. You may need our experts to prepare your claim.
LOUISIANA CITIZENS
LA Citizens purpose is to provide Louisiana citizens adequate wind and hail coverage when it is not available in the insurance marketplace; and pay insured’s claims when losses occur.
La Citizens was designed to serve the customer who has no other market available, but it operates under standard insurance protocols in adjusting your claim.
Form 95 Claims – USACE Claims must be timely filed under Form 95 to pursue collection caused by levees built by the U.S. Corps of Engineers.
Contact the Thornhill Law Firm Now! We were there for the victims of Ike, Katrina, and Rita, and we are here to provide our services & experience for the victims of Hurricane Isaac.