Category: Hurricane Insurance Verdicts

  • Court to Katrina Flood Victim: Follow the Rules When Making an Insurance Claim

    As many Gulf Coast residents unfortunately know, standard homeowner’s insurance policies do not include coverage for flooding. In order to assist property owners in Louisiana and other states in protecting themselves against floods from hurricanes, tropical storms, and other severe weather, Congress created the National Flood Insurance Program (NFIP) in 1968. NFIP offers flood insurance to homeowners, renters, and commercial property owners in communities that participate in the NFIP. In order for a community to be eligible to participate, it must agree to adopt and enforce certain building standards that are designed to reduce the risk of flood damage. According to the NFIP, flood damage is reduced by nearly $1 billion each year as a result of the floodplain management standards implemented by these communities. Also, structures that are built to NFIP standards experience approximately 80 percent less damage annually than those not built to the standards. The Federal Emergency Management Agency (FEMA) manages the administrative functions of the NFIP, including the claims process. As one Katrina victim recently learned, homeowners who file claims under the NFIP must closely follow the rules contained in their policies.

    Violet Collins, a resident of New Orleans, maintained a flood insurance policy through the NFIP to cover her house and its contents. The structure was insured for $225,000 and the contents for $12,500. When the home sustained flood damage during Hurricane Katrina, Collins contacted FEMA to provide notification of the damage. FEMA sent an adjuster to her house to inspect the damage and arrange for payment from FEMA. Collins later submitted additional documentation for damage that the adjuster had overlooked, and FEMA issued her two more checks. Some time later, Collins filed a suit against the NFIP which alleged that the payments on her flood claims were insufficient. The NFIP filed a motion for summary judgment on the basis that Collins failed to file a proof of loss as required by the insurance policy and was therefore barred from seeking additional money. The district court granted NFIP’s motion, and Collins appealed.

    After reaffirming that it must “strictly construe and enforce” the flood policy’s requirements, the Fifth Circuit Court of Appeals asserted that “an insured’s failure to provide a complete, sworn proof of loss statement, as required by the flood insurance policy, relieves the federal insurer’s obligation to pay what otherwise might be a valid claim.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998). The court noted that, ordinarily, the proof must be submitted within 60 days of the loss, but that FEMA extended the window for Hurricane Katrina claims to one year. Nevertheless, Collins never submitted any proof of loss; the court examined Collins’s arguments for why she was not required to file one. Her first argument was that FEMA had waived the requirement altogether, a contention that the court quickly dispensed with by citing well-settled case law on the same question. Second, Collins asserted that the NFIP waived the filing requirement in a letter she received from an insurance adjuster. However, the court concluded this was not possible because “federal regulations provide that no provision of the policy may be altered, varied, or waived without the express written consent of the Federal Insurance Administrator,” which was not given. Finally, Collins argued that because she suffers from a debilitating eye disease, she was excused from observing the filing requirement. In response, the unsympathetic court stated that “Collins, however, fails to explain why Louisiana tort law would apply to her claim for flood insurance proceeds or why, if applicable, this would exempt her from our precedent requiring strict compliance with the … proof-of-loss requirements.” Accordingly, the court affirmed the district court’s dismissal of Collins’s suit.

    This case serves as a reminder that, even in the aftermath of such massive natural disasters as Hurricane Katrina, flood victims are still expected to follow the specific requirements of their NFIP insurance policies when seeking payment for flood-related losses. Although it may seem cruel to reject a flood victim’s appeal for a fair pay-out, the courts have put policyholders on notice that they will not entertain requests to alter the terms of the policies. For this reason, victims of any flood should seek the help of a qualified attorney who can help them navigate the steps required to fully collect on their flood insurance policies.

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  • Louisiana Residents With Personal Injury Questions

    For those Louisiana residents, whether you live in Lake Charles, Shreveport, Baton Rouge, New Orleans, Kentwood or any other of the great cities across this state, looking for more information on their possible personal injury claim, check out our blog dedicated to these legal matters:

    Louisiana Personal Injury Blog

    This blog discusses the legal issues relating to Admiralty/Maritime law, Animal/Dog Bites, Car Accidents, Chemical/Industrial Spills, the intricacies of Expert Testimony, Insurance Disputes, employee rights under the Jones Act, Legal Duty, Civil Lawsuits, Criminal prosecution, Medical Malpractice, Mesothelioma/Asbestos, Motorcycle Injury, Negligence, Offshore Accidents, Product Defects, Chinese Drywall, Strict Liability, Workers’ Compensation and Wrongful Death. All of these issues are crucial to citizens rights and residents of Louisiana.

    To better understand the complexity of the law, contacting an attorney is crucial. However, to get a better understanding of the general issues, we hope this resource is invaluable. Feel free to browse this legal resource dealing with a variety of harms or damages you may have suffered in order to understand how your issue matches up with the law.

    If you would like to speak with an attorney, check out our contact information. We represent Louisiana residents across the state and would be happy to discuss with you how to move forward with your unfortunate circumstances.

  • 2008 Hurricane claims continue to end up in Gulf Coast courts

    Hurricane insurance claims continue to be filed in the Gulf Coast, this time in Texas. The Southeast Texas Record reports a wide assortment of filings over the last week of October. Examples include:

    Joseph and Julia Crow of Beaumont allege Texas Windstorm Insurance Association denied their claim for roof, water, wind, foundation, structural and contents damages caused to their home after Hurricane Ike struck on Sept. 13, 2008. TWIA denied the claim after its Vice President of Claims Reggie Warren assigned adjusters to investigate.

    June Jennings of 1908 North 21st St. in Nederland alleges Texas Windstorm Insurance Association improperly paid her claim for dwelling and contents damages caused to her home after Hurricane Ike struck on Sept. 13, 2008.

    These two cases highlight a common thread in insurance disputes: claim denials and low-ball financial compensation offers. Further, many insurance companies hope that homeowners do not know how long they have to file and try to convince them that a low settlement is the only solution. In many cases this is simply not the case and accepting such an offer is disastrous.

    The Berniard Law Firm is very familiar with attacking both of these strategies when its clients are taken advantage of by the insurance companies and employs a myriad of experts that will help you receive the justice you deserve.

  • Timeline anew for Katrina lawsuits

    Catching up on June happenings, it is important for those individuals affected by Hurricane Katrina to know that the timeline in which they may file for claims involving damage from the epic storm has been reset.

    From NOLA.com

    The class action allegations against insurers in the consolidated levee breach litigation have been dismissed, restarting the clock for anyone who is dissatisfied with the results of their Katrina claim and allowing them to file a lawsuit against their insurer nearly four years after the storm.

    Home and business owners and renters had two years to file lawsuits against insurers over claim disputes after the Aug. 29, 2005, storm. Class action lawsuit filings stop the legal clock by covering the rights of all potential members of a class, but if that petition fails to get certified as a class or individual defendants get cut from the proceedings, plaintiffs’ individual legal rights to pursue similar claims are restored.

    On Tuesday (June 16), U.S. District Court Judge Stanwood R. Duval Jr. granted a request by insurers to be severed from the Katrina Canal Breaches Consolidated Litigation, saying that disputes against insurers were individual, and not suitable to be handled as part of a class action.

    It is important for Louisiana homeowners to work immediately to look for legal action should they not have already and hold insurers responsible in the event their homes were damaged. Late answers to policy claims and frivolous delays or demands should
    be answered by demanding the rights promised to them by the country’s judicial system and contacting an attorney should working through their agent be stonewalled is the most definitive and proper action.

  • Speculation on how to save the insurance industry

    The recent events in Florida and the exit of various insurance companies from areas surrounding the Gulf Coast have raised a lot of speculation on how to preserve competition within these states while at the same time not forcing the government’s hand to bail out in the event of a disaster. About a month ago The Florida Times-Union wrote on this topic and how drastic the decisions may be to keep a level playing field for residents.

    Florida’s property insurance system is a ticking time bomb, one that could wreak havoc on the state’s economy when – that’s when, not if – the next hurricanes hit.

    This is because the state-run catastrophic fund, which shares property insurance risks with companies that sell policies here, is egregiously underfunded.

    In a worst-case scenario, insured homeowners might face long delays in getting money to rebuild their hurricane-damaged houses – and all Floridians could be stuck with very high taxes or “assessments” to raise the needed money.

    So, what’s the solution?

    Ideally, it would be to spread out some of the costs through a federal catastrophic natural disaster fund, similar to the federal flood insurance program.

    It’s doubtful that either of Florida’s senators, or any of its House members, have enough clout with their colleagues to get the job done.

    While there is no clear answer in sight and Florida is not alone on this issue as insurers in Louisiana and Texas have shown the same sort of reluctance and could go the way of others soon, debate on reform is essential. Without this topic being out in the public discourse, policy holders can be left shocked when a provider pulls out of a state or region.

    KBMT in Southeast Texas similarly outlined issues relating to premiums and insurance agents in discussing the problems facing their viewership

    According to the Insurance Information Institute, homeowners insurance premiums are up about three percent nationwide and probably more in some coastal areas where the potential for damage is greater.

    Several factors are affecting premiums and coverage, including the $26 billion insurers paid out on catastrophic losses in 2008 and the impact of financial market turmoil on the companies earnings.

    Changes in state regulations are also driving some premiums higher.

    This outlook is not all that positive for homeowners in the region as a whole but, when combined with the first article, demonstrates how significantly important it is for some solution to be reached in the coming years to prevent residents of the Gulf Coast, in various states, from being damaged harshly by these insurance issues. By staying on top of the issue and making sure that the elected officials of the area and on the federal level are doing everything they can to keep insurance companies in the region and more money in the pockets of policy holders.

  • Texas Resident Loses Appeal While Representing Self

    In the midst of Hurricane Rita judgements and appeals, the Southeast Texas record recently profiled a woman who, albeit bravely, chose to represent herself in her appeal against her insurance company and paid the price. Mary Harmon, who felt her insurers, National Lloyds and the Kenneth Denby Insurance Agency, acted in bad faith when they denied her claim, went through the primary steps by herself but then chose to go it alone.

    A year after filing an appeal over her Hurricane Rita insurance lawsuit, Mary Harmon had never filed a brief, leading justices on Texas’ Ninth Court of Appeals to dismiss her case.

    In August 2006, Harmon filed a suit against National Lloyds Insurance and the Kenneth Denby Insurance Agency in Jefferson County District Court, alleging the two insurers stiffed her on her Hurricane Rita policy claim.

    According to her suit, Harmon purchased a National Lloyds home insurance policy through Denby on May 1, 2005. She alleges the defendants never informed her that her policy excluded windstorm damage.

    While Harmon was right to hire an attorney, policyholders need to remain vigilant and allow the legal process to develop instead of moving on if there is a snag. Regardless, this case demonstrates a frequent blame game that occurs in regards to storm damage and the wind versus flood debate, as does the lack of consistent explanation from agents on coverage. Getting acquainted with your policy while at the same time making sure to immediately contact a legal professional in the event a claim is denied or undervalued is a must for residents of the Gulf Coast area.

    If you need legal counsel, contact the Berniard Law Firm. Specializing in insurance appeals and disputes, our attorneys will work hard to make sure you get the money you deserve.

  • Breaking News: Katrina claims may be reopened as deadline extended

    In an extremely important ruling made by the Louisiana Supreme Court, citizens of Louisiana have an extended time period to press litigation against insurers for Katrina-related delays or judgements relating to storm damage and insurance company actions:

    Louisiana Citizens Property Insurance Corp. and other insurers may face a new round of lawsuits related to Hurricane Katrina even though the deadline for filing expired a year and a half ago.

    The Louisiana Supreme Court declined late last week to hear an appeal in the case of Brenda Pitts v. Louisiana Citizens, thereby allowing a lower court decision favorable to policyholders to stand.

    In January, the Fourth Circuit Court of Appeal ruled unanimously that Pitts could file suit against Citizens months after the deadline for initiating litigation had passed because a class action lawsuit involving similar grievances had stopped the clock on the issue.

    It is important that home or property owners who fell behind this deadline and were not able to get justice earlier on contact a legal expert immediately to discuss their rights in the wake of this ruling. The Berniard Law Firm was recently successful against Louisiana Citizens in a class action relating to delays citizens encountered in the wake of the hurricanes.

  • Another Win for Louisiana Residents

    With the class approved, a judge in Orleans Parish awarded residents of Louisiana $1,000 each from Louisiana Citizens Property Insurance for how they handled claims after Hurricane Katrina. The Berniard Law Firm’s founder, Jeff Berniard, was part of the litigation and continued his record of helping residents get the justice they deserve when insurance companies act in bad faith of the law.

    Judge approves Citizens class action settlement in Orleans Parish
    by Rebecca Mowbray, The Times-Picayune
    Orleans Parish Civil District Court Judge Kern Reese ruled Thursday that the settlement brokered in a class action lawsuit against Louisiana Citizens Property Insurance Corp. should stand, finalizing a deal to award $1,000 apiece to policyholders whose 2005 hurricane claims were handled or paid slowly.

    The plaintiffs’ attorneys — Madro Bandaries, Gregory DiLeo, Jeffrey Berniard and Ray Orrill — also net a tidy sum. They will be paid $5 million for their work, or about 38 percent of what the estimated 13,000 class action members will be paid.

    “We’re very pleased with the court’s order, and we’re very pleased with the court’s reasons for judgment,” Bandaries said of the long-awaited decision.

    Citizens also said it was eager to move forward.

    “We’re happy to put this behind us. We think it’s in the best interests of Citizens policyholders and the state, because it’s costing a lot of money in litigation,” said John Wortman, who took over the state-sponsored insurer in 2007. “We’re prepared to begin making payments.”

    More information on the case and what it means for residents of the Gulf Coast is available here.

  • Louisiana Courts Backing Residents Against Insurance Companies

    In yesterday’s Times-Picayune, reporter Rebecca Mowbray details a string of rulings by the Louisiana courts in favors of residents against the insurers.

    After siding with insurance companies in early rulings after Hurricane Katrina, the 5th U.S. Circuit Court of Appeal has suddenly cranked out a stream of policyholder-friendly rulings in hurricane cases.

    In recent weeks, the region’s federal appellate court has affirmed an award in favor of a homeowner, overturned a decision in favor of an insurer, said that homeowners can collect mental anguish damages when insurers don’t pay, and revived a whistle-blower lawsuit alleging that insurers ripped off the government in paying flood claims.

    The apparent change of heart has left many giddy plaintiff attorneys wondering whether the Texas judges involved in the favorable decisions have been moved by the experience of Hurricane Ike slamming their home state.

    While it’s a bit pessimistic to believe that justice only comes with life experience, it is very good to see the courts supporting policy holders when the insurance companies hold out. There are a series of expectations the state has for insurance companies, including deadlines, good faith compensation offers, etc. Many of these expectations are inflexible and can lead to a successful lawsuit against the insurer.

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  • South Florida Homeowners Challenge Insurance Giant and Win

    As reported by WTJV, a South Florida condominium company was awarded nearly $30 million in damages and attorney fees after taking insurance agency QBE to court.

    The verdict was of concern to Buckley Towers families whose damaged homes are in the middle of a condemnation proceeding by Miami-Dade County’s Unsafe Structures Board.

    The briefing provided information to families and other condominium, property and co-operative associations who may feel intimidated by their insurance company or may be questioning whether their insurance claims were properly adjusted.

    The main point of this case lies in the manner in which QBE, by alleging that Buckley Towers was committing fraud with their estimates and that damages may have been caused by the negligent maintenance by the building, as well as if the damages were up for exclusion in of themselves. These tactics are quite obvious in their effort to stifle complaint when a settlement is offered and to intimidate for the sake of saving the insurance company money. When making a claim, make sure that any settlements or documentation sent over by the insurance agency is read over thoroughly and that a legal expert is consulted before any deal is brokered.