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  • 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.

  • Deadline for FEMA assistance for home elevation extended

    Per The Times-Picayune, FEMA has delayed the deadline to 2012 for collecting insurance money designated for the elevation and protection of homes in Louisiana:

    Because of the slow flow of other federal money, such as Road Home grants, FEMA had already pushed back the deadline for home-raising work under the National Flood Insurance Program’s Increased Cost of Compliance provision.

    Typically, to collect up to $30,000 in so-called ICC money to cover the costs of protecting their property from future storms, rebuilding homeowners have two years from the date that their property is declared “substantially damaged” to complete the relevant work. FEMA had already extended that to four years.

    For most people affected by Hurricane Katrina, that gave them until September 2009. But earlier this month, state officials argued that homeowners needed more time because of various impediments to rebuilding, such as a shortage of contractors, new damage from last year’s Hurricanes Gustav and Ike and the late arrival of state-run storm-proofing incentive programs, namely the Road Home elevation grants from the FEMA-financed Hazard Mitigation Grant Program.

    This is a good sign as it indicates the federal government is aware that there are extensive delays people in the Gulf Coast area are dealing with, be it federal funding such as this or insurance companies delaying payouts. More time gives a break for residents who are feeling the economic crunch or are simply unable to meet the deadlines as they are set. Either way everyone wins in this scenario as it gives the government time to make sure the process goes correctly and is not rush and allows residents the opportunity to breathe easier about the new federal requirements.

  • Gustav: Seven Months Later

    While exact estimates are not exact to report, it is important to remember the damage of Gustav seven months later. This article, dated September 3, 2008, summarizes the hardship Gulf Coast residents faced

    Storm-ravaged homeowners in the path of Hurricane Gustav will file an estimated 175,000 wind- and flood-damage claims with insurance payouts likely to top $5 billion, the Consumer Federation of America reported Wednesday.

    Actual damages to covered property could range from $2 billion to $10 billion, according to industry estimates for the storm, which continues to dump rain and high winds across Oklahoma and parts of the Southeast.

    The Consumer Federation of America is warning that because of increased deductibles and recent policy limitations on hurricane coverage, many homeowners will assume a greater share of the cleanup costs.

    The final line is the most chilling. Homeowners often have to take the burden of hurricane damage as a result of being underinsured or insurance companies refusing to pay out, or at least give real and fair estimates, to homeowners. As a result, the burden of storms falls upon residents who, a week before they were aware of the storm, believed they had protected themselves to the best of their ability and had done the necessary things and steps to maintain their family’s well being. However, the reality Gulf Coast residents fell into post-Katrina is that insurance companies will do what it takes to avoid real or fair payouts in the face of protecting their budgets and bottom-line. When this happens, it is inherently necessary to contact legal counsel, gather all of your documents relevant and contact legal counsel.

  • Senate told insurance company defrauded 1 in 3

    In a committee meeting relating to the insurance industry, witnesses recently laid before the Senate statistics and numbers that would imply an insurance agency, UnitedHealth Group, went to so far as to defraud through underpayment one in three of their clients:

    CQ Healthbeat (3/27) reports, “UnitedHealth Group officials are in for an unpleasant experience at a Senate hearing next week – if a set-up session on Thursday was any indication.” At a Senate Commerce, Science and Transportation Committee hearing today, witnesses “described how health insurers routinely defrauded millions of patients who sought out-of-network care by paying less than the insurers owed for medical bills.” A witness told the panel, which will hear from United representatives next Tuesday, that “the practice could have potentially affected as many as one in three insured Americans and lasted for at least a decade.” Committee Chairman John D. Rockefeller, IV (D-WV), “declined to say what types of changes should be included in health overhaul legislation,” saying, “I want to make sure exactly what it is we need to do…just in the saying of it, I could do damage to health reform.”

    This system of underpayment should come as no surprise to residents of the Gulf Coast, who found that their property insurers consistently undercut them by offering the bare minimum to their claims. The insurance agency at large is notorious for trying to bolster their bottom line by offering far less than the fair market or genuine value is to the damaged, insured homes or property of their clientele. It is becoming ever more important to attain legal support in the event you believe your insurance agency is acting in bad faith with their offer to your claim, whether it be health insurance or property damage or any type of issue with an insurer.

  • 13 Hurricane Ike Suits Spring up in Southeast Texas

    The Southeast Texas Record reports

    A total of 13 suits against insurance companies regarding Hurricane Ike damage claims were filed in Jefferson County District Court during the week of March 23 – March 27, 2009.

    Insurance companies are coming to realize people are beginning to become aware of delay and undercutting tactics and resorting to litigation to get the money they deserve. The longer people wait to hire an attorney when they start dealing with the absurd undertakings of insurance companies the longer their payout will take.

    The various details of their claims (not shocking tidbit: those with specific details all deal with roof damage, a clear flood vs. wind issue) are available in the article linked.

  • Chinese Drywall in New Orleans and Louisiana

    With the building number of reports involving health problems and building defects relating to Chinese Drywall, it is becoming more and more obvious that there is a serious problem with this imported wallboard and that it is most definitely in the homes of New Orleans and Louisiana residents. While many people are aware of this problem, few people believe it “can happen to them” or that it may, in fact, be in their homes.

    Health symptoms of Chinese drywall include nose bleeds, headaches, coughs, upper respiratory or sinus issues, and rashes. Home detriments or telltale signs of chinese drywall include corroded copper installed in the walls, a persistent smell of “rotting eggs,” weakened or mildly buckling wall structures and gas buildup.

    If you are experiencing any of these problems in your home, contact an attorney immediately. The Berniard Law Firm has been monitoring this situation since it first began to be reported and is prepared to help you receive the compensation necessary to compensate you for this homeowners nightmare. With the lack of knowledge about how serious the health problems may be or just how much damage, financially and structurally, the drywall can cause to your home, it is important to not wait and to immediately take action should you notice these issues in your house or property.

    Remember, reports cite that up to 60 million pounds of Chinese drywall have been used in the state. This is not an issue that may exist in New Orleans, Slidell, Baton Rouge, Lafayette, etc. Senator Landrieu has already pushed for legislation calling for a recall and temporary ban on the drywall.

    The facts show that the problem is already here.

  • Stress relating to Katrina causing heart problems

    According to a recent study run by researchers within New Orleans has found that, since Katrina, a significant number of heart-related emergencies and interventions have occurred.

    NOLA.com reports

    Researchers say chronic stress related to Hurricane Katrina has contributed to a significant increase in heart attacks in New Orleans.
    The study, which analyzed the number of heart attack patients admitted to Tulane Medical Center two years before the storm and two years after the hospital reopened, found a three-fold increase in heart attacks and a 120 percent increase in coronary interventions, such as angioplasty, after Katrina struck in August 2005.

    The post-Katrina patients had significantly higher rates of unemployment, lack of medical insurance, medication noncompliance, smoking and substance abuse, Tulane University said in a release.

    No doubt much of this stress can also be attributed to insurance companies and the difficulties many people have with them when trying to make claims go through. Trying to handle your claim and subsequent appeals without a legal expert can lead to a large amount of stress and may very well be a marked part of this population grouping. Regardless, these incidences are yet another effect from the hurricane(s) that had yet to be revealed until recently and is truly tragic.

  • Louisiana Senator Co-Sponsors Chinese Drywall Recall Bid

    In breaking news, Democratic Senators Bill Nelson of Florida and Mary Landrieu of Louisiana have called for initiating recalls on drywall originating in China. The South Florida Business Journal reports

    Two U.S. senators are calling for a recall of high-sulfur Chinese drywall that is believed to be causing metal corrosion and an odor of rotten eggs in thousands of homes in the Southeast.

    Sens. Bill Nelson of Florida and Mary Landrieu of Louisiana, both Democrats, said in a press release Monday that they filed new legislation aimed at initiating a recall and imposing an immediate ban on “tainted building products from China.”

    The legislation comes as homeowner complaints mount in South Florida. Homes built by WCI Communities in Parkland are the subject of complaints.

    Such a recall would be a very important step for homeowners to become more aware from their builders on what materials were used and for a system of responsibility to be established. It also shows that there’s little to no dispute that the product is inherently flawed, as has been reported on the internet and on this blog. With the national attention this legislation will cause, it is only a matter of time for the full scope of this problem to become apparent and we will find out just how many people’s homes have been affected.

    If you believe your home may have been built, or rebuilt for that matter, using Chinese drywall, contact the builder or previous homeowner as well as the Berniard Law Firm to find out what actions are necessary to fix your home and be compensated for the problem.

  • Louisiana Tracking Chinese Drywall Reports

    WWL TV released a news bit last week that shows Louisiana is well aware of the Chinese drywall threat and are keeping track of complaints as they come in. Of note, the article quantifies just how much drywall may have come into the state for use in building homes to the tune of 60 million pounds:

    NEW ORLEANS – Louisiana public health officials are tracking Chinese drywall that some say is ruining homes and making people sick.

    Assistant State Health Secretary Dr. Rony Francois said according to some reports, as much as 60 million pounds of the product may have entered the state, enough for 7000 homes.

    “The Chinese drywall was imported around 2004-2005 during a contruction boom which first occurred in Florida and then also here in Louisiana,” Francois said.

    Francois said right now, the state is trying to determine the exact contaminants.

    It is a good indication that Louisiana officials are tracking reported cases and are looking to stay serious on the issue. The shocking element, though, is that up to 7000 homes could be contaminated by this hazardous material and that educating the public on “what that smell is” may be an essential step forward by the state. Either way, it is obvious that Chinese drywall was not isolated to Florida, where reports began to emerge but, rather, to the city of New Orleans and Louisiana at-large.

  • Chinese Drywall’s Effects in Florida

    A YouTube video, embedded below, gives a quick two minute run-down of the Chinese Drywall issue and how it can effect homes and their residents. While it has a Florida focus, the same effects and problems are being reported in Louisiana and elsewhere.