gets.primecure.net

Category: General Hurricane Dispute Information

  • NOAA retires deadly hurricane names

    In a move set to memorialize and preserve the memory of the carnage and harm recent hurricanes have caused, the NOAA is retiring several notable storm names from active use in the upcoming hurricane season.

    The names Gustav, Ike and Paloma will never be associated with future hurricanes or tropical storms on account of their deadly romp through the Caribbean last year, the United States National Oceanic and Atmospheric Administration (NOAA) has announced.

    The storms claimed more than 200 lives and left a trail of destruction calculated in the billions across the region from August to November 2008.

    Under the normal six-year rotation, the names would have been up to be used again in 2014. However, they will be replaced by Gonzalo, Isaias and Paulette.
    An NOAA spokesman said the names were retired for reasons of sensitivity.

    This is a good move by the weather service and a chance to move forward in the wake of these storms’ deadly destruction.

  • Florida Insurance Bill Moving Forward

    In looking to decrease its exposure, the Florida legislature has moved forward on legislation that will raise premiums on owners of state-backed Citizens Property Insurance policies. The Miami Herald reports:

    Lawmakers approved the proposal (HB 1495) Thursday that would increase rates on a gradual basis for customers of the state-backed Citizens Property Insurance Corp. The policyholders would see premiums increased an average of 10 percent in the next several years to avoid a potential one-time increase of between 40 and 55 percent on Jan. 1.

    The House vote could come Friday.

    Lawmakers are trying to decrease the state’s $20 billion exposure on the Florida Hurricane Catastrophe Fund by shoring up Citizens by getting all of its policies actuarially sound.

    This is what happens when insurance companies like State Farm abandon markets when they’re not allowed to charge however much they would like. This is a dangerous territory Florida will be finding itself in and something residents of the Gulf Coast need to keep an eye on should this occur in their state.

  • States Outside of Gulf Coast Eyeing Danger of Hurricanes

    A Maryland based group recently studied the effects of a hurricane hitting the Northeast and found the results would be economically devastating. Using only a category 3 hurricane in their analysis (Gustav and Katrina were both 4’s), the group found that such a storm could cause upwards of $130 billion in insured residential losses.

    There’s “definitely the potential for very large events (in the Northeast), but they’re fairly infrequent,” said David Smith, senior vice president of EQECAT, a risk management company in Oakland, Calif.

    Some 250 insurance industry professionals, academics and others attended a Willis Research Network summit on Category 3 hurricanes in the Northeast at Princeton University on Thursday. And they heard talks on hurricane and climate science and hurricane, storm surge and flood risks in the Northeast.

    “This is a collective journey into a new era of science,” said Rowan Douglas, chairman of the Willis Research Network, the world’s largest partnership between academia and the insurance industry.

    The events that unfolded in New Orleans and Galveston have brought new national attention to the danger of “improbable” hurricanes striking the US. While any national exposure to the effects of hurricane strikes is positive education for the masses on what Gulf Coast residents face yearly, it is important to also note that the losses were based on insured homes. The Gulf Coast still faces the problem of insurance lapses and ambiguity and it is important that homeowners reread and, possibly, recalculate the coverage they need before each hurricane season begins.

  • 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.

  • Insurance Companies Delaying Rebuilding Efforts

    A recent article by Houston’s Chronicle highlights the delays being faced by Texas property owners in the wake of Hurricane Ike. Not surprisingly, almost all involve insurance company delays:

    LIST OF COMPLAINTS
    Top five reasons Texas homeowners have lodged Ike-related complaints against the Texas Windstorm Insurance Association, as of March 12, and the number of complaints.

  • Delays (claims handling) 607
  • Unsatisfactory settlement 373 or offer
  • Denial of claim 281
  • TWIA appeal 262
  • Customer service 107

    • Source: Texas Department of Insurance

    The problem many people are facing regarding this issue is that bureaucracy and insurance companies’ unpublicized policies regarding automatic claim refusals or cap limits impede good faith claim efforts. Without proper legal support from a practiced attorney, many of these Texans will face difficulties seeing more, or any, money in the near future.

    The article continues and outlines the problem that far too many homeowners faced in the wake of hurricanes in the Gulf Coast like Katrina. The insurance companies often rely upon analyses that focus entirely upon flood damage instead of wind damage, etcetera. This works to undermine claims made by policy holders that are made in good faith.

    Hurricane Ike razed Joni Harding’s home and two rental properties six months ago today.

    Since then she’s been able to pool enough money from her three flood insurance policies and savings to rebuild her primary residence, but she is still waiting for a settlement offer from the Texas Windstorm Insurance Association on two of her properties, including her home.

    Harding is among thousands of so-called slabbers, mostly from Bolivar Peninsula, still waiting on the state-sponsored company to make an offer. And many of those who have checks say they’re not enough.

    As far as legalities, it is important, again, for policyholders to hire an attorney to go through the complexities of their policy and find out their best course of action to get the money they deserve. Attorneys like those at the Berniard Law Firm utilize construction experts to make sure claims are on mark and that present day values are used to make sure that the claim they put forth is the best.

  • 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.

  • A Good Sign for Texas Residents: More Funding Coming in for Recovery

    In an article for the Star Telegram and the AP, more information is given on the increased HUD assistance coming through for Texas… to the tune of over a billion dollars:

    The federal government is releasing $1.3 billion in federal housing assistance to 62 Texas counties help rebuild from the damage caused by three hurricanes in 2008, the top U.S. housing official announced Friday.

    The money is to be spent on producing affordable rental housing, to rebuild critical infrastructure and to support economic revitalization, Housing and Urban Development Secretary Shaun Donovan said at a Houston news conference
    “This funding will go a long way to help the hardest-hit areas of the state get on the road to recovery,” he said.

    Obviously at this point any funding to aid the recovery efforts is welcome and supported.

  • 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.

    (more…)

  • Property Insurance prices expected to Increase

    Per WBRZ news, “Louisiana homeowners and businesses will see property insurance rates rise more this year than they have since 2006.” Business writer Ted Griggs cites the economic downfall facing the nation as the predominant reason for the increase, which could be anywhere from 3 to 10%.

    [Insurance Commissioner Jim] Donelon said that with less coverage available, the law of supply and demand kicks in and prices rise.

    Already, State Farm Fire & Casualty Co., the largest insurer in Louisiana, has asked to increase homeowners’ rates an average of 14 percent statewide. Farmers Insurance Exchange, the sixth-largest firm in the state, is seeking a 27.5 percent increase in homeowners’ rates and the institution of a 5 percent hurricane deductible. Louisiana Farm Bureau, the fifth-largest company, is seeking a 10.2 percent increase.