Since Hurricanes Katrina and Rita made landfall in Louisiana in 2005, homeowners insurers have denied thousands of Louisiana homeowners’ claims. As we recover from Hurricane Ida, we expect thousands of more homeowners to experience the same struggle.
Hurricane Information
Every year, from May to November, residents along the Gulf Coast keep a close eye on the weather reports, waiting to see where the next big storm will head. Louisiana is no stranger to hurricanes and the devastation they cause. The Bayou State is often a target for some of the worst tropical systems, which bring high winds and flooding that take lives and cause billions of dollars in property damage.
Common Property Damage Caused by Louisiana Hurricanes
From a tropical depression, to a Category hurricane, every storm leaves destruction in its path. The more wind and rain, of course, the more massive damage there will be. The sheer volume of property damage claims that insurance companies get after a storm is overwhelming.
There are many different types of damage reported after a storm. Some are easy to see:
- Downed trees and power lines
- Damaged roads and bridges
- Broken windows
- Flooded homes
- Water-damaged personal belongings
- Wrecked vehicles and boats
Other damages aren’t always so obvious, such as:
- Bacteria and mold
- Lack of utilities (water, gas, electricity, phone)
- Water contamination (sewage, gas, oil, etc.)
In the aftermath of a hurricane, cleanup often takes months, sometimes even years. Insurance companies often make this even more of a challenge by unfairly delaying, underpaying or outright denying claims.
No matter what type of damage you’ve suffered from a hurricane, it’s often necessary to have an experienced insurance dispute attorney fight for your right to fair compensation. JJC Law can help.
JJC Law Will Review Your Hurricane Insurance Policy
Generally speaking, a standard homeowners policy covers hurricane damage. However, in Louisiana, a standard policy will not cover flooding — from a hurricane or any other source. A separate policy must be purchased that covers flood and storm surge damage.
If you do not have flood insurance but suffer flood damage from a hurricane, you may be eligible for federal funding. This is only available if the President declares it a national disaster area.
It’s important to review your hurricane insurance policy every year before the season begins. In high-risk states, including Louisiana, insurance companies began implementing a “hurricane deductible,” which becomes in effect when a storm develops into a Category 1 hurricane.
JJC Law would be happy to review your policy to help you determine what damage the insurance company will pay for and what is not covered under your policy.
Filing an Hurricane Insurance Claim in Louisiana
Insurance companies are in business to make money. They make money by collecting payments for your policy and paying out as little as possible for claims. Hurricane damage claims are no different.
Download Our PDF Version Here: How To Make An Insurance Claim – Personal Property
Download Our PDF Version Here: Hurricane Claims For Business
Insurance companies are in business to make money. They make money by collecting payments for your policy and paying out as little as possible for claims. Hurricane damage claims are no different.
Here are a few tips for filing your claim:
- Take photos of the damage to your dwelling, its contents and other structures from every angle possible.
- Write a list of all damaged property.
- Take notes on ALL communications with the insurance company, whether by phone, email or in person.
- Save every invoice and receipt.
Policyholders have an obligation to limit additional damage to their property as much as is practical. This doesn’t mean completely repairing everything before you’ve reached a settlement with your insurance company, but doing things like:
- Putting a tarp on your roof to prevent further damage
- Remove damaged drywall and flooring (where reasonable)
Taking these steps can help prevent some of the potential complications involved in New Orleans hurricane claims.
Common Issues with Hurricane Damage Claims in New Orleans
There are many ways in which a hurricane insurance claim can go bad. Here is a breakdown of some of the most common issues that policyholders face.
Prompt Payment and Bad Faith
Under Louisiana law, insurance companies are required to investigate claims promptly and pay them in good faith. If the company fails to do so, it may face penalties of up to double the value of the claim, attorney’s fees, and other damages.
What does bad faith mean? In the simplest terms, it means being dishonest in your dealings. There are many ways that insurance companies may act in bad faith in hurricane damage claims, including:
- Failing to begin loss adjustment in a timely manner
- Failing to communicate with the policyholder
- Delaying the claim without good reason
- Ignoring damaged items that you listed in the claim
- Undervaluing the hurricane damage
- Misrepresenting policy terms
- Refusing to inspect the property when requested
- Refusing to share reports when requested
- Making unreasonable requests for information and documentation
If your insurance company has acted in bad faith in handling your hurricane damage claim, the New Orleans insurance dispute lawyers at JJC Law can help protect your legal rights.
Unfairly Delaying Hurricane Insurance Claims
Delays in resolving a hurricane damage claim can occur for a number of reasons. Some of the most common ways that insurance companies delay claims include:
- Failing to schedule an inspection in a timely manner
- Failing to return calls and messages from the policyholder
- Requiring multiple inspections
- Repeatedly requesting new documentation
While some amount of delay is to be expected after a hurricane that affects thousands — or even millions — of people, it is the job of the insurance company to be as prompt and reasonable as possible in its evaluation of claims.
If your insurance company has been unfairly delaying evaluation or payment of your claim, talk to the experienced hurricane insurance attorneys at JJC Law to learn your rights.
Underpaid Hurricane Claims
One of the most common issues that people encounter after a hurricane is having their claim underpaid by the insurance company. How does this happen? There are several factors that often come into play.
First, there are a huge number of insurance claims following any type of natural disaster, and this is especially true for hurricanes. Because of this overwhelming influx of claims, insurance adjusters have a short amount of time to inspect a ton of properties. Doing a job fast often means doing it less accurately — insurance claims are no different. The initial damage estimate often leaves off many of the items damaged in the storm.
Property owners are in a vulnerable position after a hurricane. Money is needed and fast in order to start rebuilding homes and lives. Even though it may not be enough to complete all repairs to a home or business, policyholders often accept this underpayment because they desperately need it.
Then, they have two choices:
- Try to get the insurance company to pay more money; or
- Use a cheap contractor who will cut corners to do the job for less than is really needed.
The best thing a policyholder can do in this case is consult with an attorney. Insurance companies will refuse to pay the full amount as long as they can. They are counting on the insured giving up the fight.
In addition to the time factor, claims are often underpaid as a result of problems with pricing of materials and labor. After a natural disaster, material costs are much higher than normal. There is typically a huge shortage of licensed contractors, which means the cost of labor and project management skyrocket.
Download Our PDF Version Here: Hurricane Ida Insurance Claims – Public Adjusters
When insurance companies are valuing a claim, their pricing is usually based on computer models rather than the actual current pricing in the area affected. In these cases, it’s important to have a Louisiana insurance dispute attorney on your side. At JJC Law, we work with experts to determine cost projections based on actual current pricing.
Yet another common problem when insurance companies evaluate New Orleans hurricane claims is disagreements when it comes to the scope of the work. Essentially, the insurance company will try to argue that homeowners can repair things that actually need to be fully replaced, such as:
- Roof
- Siding
- Sheetrock
- Flooring
- Window panes
- Cabinets
Limiting the scope of the work can save thousands of dollars for the insurance companies.
Hurricane Business Interruption Claims
Homeowners aren’t the only ones who suffer after a hurricane. Businesses also experience damage to their properties, and sometimes even worse, interruptions to business operations. If you have a business interruption policy, it can help provide financial assistance when you must close down due to events covered under your policy.
After a hurricane, you may be able to file a business interruption claim for:
- Lost revenue
- Payroll
- Mortgage, rent and lease payments
- Loan payments made while business was not in operation
- Relocation costs if property damage forced you to move to a new location
If your business is affected by a hurricane, it’s important to immediately contact your insurer. How you present your business interruption claim is important to a successful claim. It’s critical to provide as much detailed information as possible, as well as all supporting documentation you have.
McClenny Moseley & Associates Info
Download Our PDF Version Here: What To Do if You Hired McClenny Moseley & Associates (MMA) to Handle Your Hurricane Insurance Claim?
If you hired McClenny Moseley & Associates (“MMA”) to handle your hurricane insurance claim, you may be in a difficult position. MMA allegedly used illegal practices to obtain clients and were allegedly improperly pursuing those claims in Louisiana state and federal courts. As a result, the Louisiana Commissioner of Insurance issued a Cease and Desist to MMA on February 17, 2023. This means that many of the cases MMA had filed in Louisiana are now stayed until this mess is sorted out.
Given the current situation, it may be worth getting a second opinion and switching to another law firm. This will ensure that your claim can proceed without any further delays.
More Info:
Flood Claims
Flood claims are covered under a separate flood policy that should have been purchased along with your homeowners insurance. It is typically not the same insurance company that you have for homeowners because it is backed by federal money under the National Flood Insurance Program.
After Hurricane Katrina, much of the litigation stemmed from fights over what damage was caused by the Hurricane / Wind driven rain and what was caused by the flooding that came after the storm. If you did not have flood insurance on your home and your home flooded, FEMA may be your only recourse.
We are happy to answer questions regarding flood claims and how they work. Email your question and contact information to info@jjclaw.com You can also learn more about flood insurance here http://www.ldi.la.gov/consumers/insurance-type/flood
Get Help Obtaining Full Compensation for Your New Orleans Hurricane Claims
Whether you’re a homeowner or business owner, you deserve to be made whole after a hurricane damages your property. When an insurance company undervalues your claim, unfairly delays payment or outright denies the claim, the New Orleans hurricane insurance attorneys at JJC Law are here to fight for you.
Our attorneys have many years of experience representing individual and corporate policyholders in insurance claim disputes. We will carefully analyze the language of your specific and the particular facts of your situation to determine the true value of your claim. While our goal is to negotiate a favorable settlement, we are always ready to fight your claim in court to hold insurance companies accountable.
Call us today at (504) 513-8820 or contact us online to discuss your claim now.
We offer free initial consultations for our services and will take your hurricane insurance claim on contingency fee, meaning you pay nothing of our fee unless you recover. Contact us to discuss your New Orleans hurricane claims today.