Insurance Dispute Lawyer Blog

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.

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Posted In: General Hurricane Dispute Information , Hurricane Insurance Verdicts , Insurance Company Delays , Storm/Hurricane Tips

The U.S. Consumer Product Safety Commission, the overarching body responsible for product reliability and keeping dangerous products out of the country, is the governmental source to make claims to regarding Chinese drywall. While the CPSC has not been able to find a definitive way in which home or property owners can know if their drywall is the same faulty product imported by China, there are several telltale signs. Physical symptoms of exposure to Chinese drywall include:

Physical signs of Chinese drywall in the home include

The commission is currently investigating the claims and is looking into what direct health symptoms can be attributed to the faulty wallboard, the possible damage it can cause to metal and the risk of fire hazard and to record and report how the product got into homes and businesses and where it comes from.

If you encounter any of these health problems or believe you have Chinese drywall in your home, the government recommends scheduling an appointment with your doctor. Consult your builder or contractor to find out what supplies were used. To register a complaint with the commission, go to www.cpsc.gov/cgibin/incident.aspx or call them at 1-800-638-2772.

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Posted In: Chinese Drywall

As a heartening sign that lessons of the past have been learned, one city's government has published a hurricane preparedness guide that is a solid tool for anyone in the Gulf Coast region to utilize.

Available off of their website, the City of Boynton Beach has published a PDF that walks users through how to be best prepared in the event of a storm. As they put it

The best way to cope with a hurricane is to prepare a plan in advance. The 2009 Hurricane Preparedness Guide is a compilation of the best advice from experts at the City of Boynton Beach, the American Red Cross, the Federal Emergency Management Agency (FEMA) and other knowledgeable sources. It was written specifically for residents of Boynton Beach and contains important telephone numbers and locations of Publix stores and gasoline service stations with generators

While it is true some items are specific to their city, the PDF as a whole is a wealth of information on preparation, information and common traits of shelters and other governmental actions which cross city and state borders in terms of policy. The guide may be downloaded off of their website or by clicking here

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Posted In: Storm/Hurricane Tips

Olivia Flores Alvarez had an entertaining blog post about how museums in the Houston area are preparing for hurricane season that's worth a read. Available here, the article takes a lighter approach to the issue of tropical storm preparation for buildings in the Gulf Coast region that house priceless works of art.

An excerpt

Hurricane Ike, which pretty much shut Houston down for a couple of weeks, didn't affect the Aurora Picture Show's programming schedule last year. "We continued with the screening we had planned," says Tepper. "The city was still a wreck and the turnout was extremely modest, but we went ahead. We actually served Hurricanes, the drink, during the show. A lot of people still weren't driving after the storm, so it was just people from the area. Everyone came over; we had air-conditioning and Hurricanes. It actually was a fun, little community event."

...

Once a storm is imminent, the museum staff, board members and volunteers all pitch in to secure the art and office equipment. Curators fill sandbags, board members and volunteers cover storage racks with protective sheeting. "Planning in advance has been a big part of our success," says AMSET public relations coordinator Melissa Tilley. "Up until it's time to evacuate, we're working on securing the museum."

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FEMA recently came out to publicly encourage residents of Florida and the Gulf Coast to get flood coverage, regardless of how susceptible to risk they may be. In doing this, the government is bringing more attention to the need for proper insurance policies and to prevent having to help out thousands of people who thought it 'could never happen to them.'

Matt Gilmour of the Tallahassee Democrat highlights this important step on the part of FEMA

With hurricane season under way, the Federal Emergency Management Agency is reminding Florida residents about the importance of flood insurance, even if they don't live in high-risk areas.

"It takes 30 days for flood policies to take effect and be active, so today's a good day to speak to a local insurance agent about what policy would be best for you," FEMA coordinating officer Jeff Bryant said in a written statement.

Anyone who lives in a community that participates in the National Flood Insurance Program can purchase flood insurance, and between 20-25 percent of those who file flood-insurance claims do not live in areas at high risk for flooding, according to a news release from FEMA. After Tropical Storm Fay in 2008, nearly 150 flood-insurance policyholders with properties in areas with a low-to-moderate risk for flooding received more than $7 million from the insurance program in settlement payouts.

"This should be a lesson to us all that everyone needs flood insurance — even those who believe their property won't flood because their home or business is in an area that normally doesn't flood," said Doug Wright, state coordinating officer with the Florida Division of Emergency Management.

FEMA is helping all eligible applicants who register directly with the agency and urging them to file claims as soon as possible to help speed up their recovery. For more information, visit www.floodsmart.gov or call (888) 275-6347 or (800) 427-5593.

By being proactive on prevention of home and property owners from having too little of coverage, FEMA and the government are trying to avoid catastrophe while at the same time keep information out and fresh. Both are extremely important and positive actions at a time where money is short and people looking to save a little bit of money might not garner the coverage they need that, in the event of a disaster, could be catastrophic.

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Posted In: General FEMA News , Storm/Hurricane Tips

On the campus of the University of Houston, a new storm preparation center will work to educate students and area locals on the effects and dangers of hurricanes while developing technology to predict and innovate protection against such storms. Justin Horne of KIAH reports

The Texas Hurricane Center for innovative technology was developed last year at the University of Houston. The center was created with ideas, in mind, to combat the effects of hurricane season. And now researchers are ready to make these ideas a reality.

Dr. Vipulanandan, a civil engineering professor at the University of Houston, has been working with his engineering students to develop this technology.

The center's theme is "rapid recovery", and their plans for future technology could be revolutionary. Dr.C. Vipulanandan believes the new wave of technology is effective. "This is being used in Japan very effectively and other countries in Europe. I think it is time for us Texans to wake up and look at alternatives to protect our coastline," he said.

In the meantime, the research continues, and students will be ready if another hurricane head this way. On August 7th, the center will be hosting a conference that will include speakers like Lieutenant Governor David Dewhurst and Mayor Bill White. The conference will focus on the latest plans and procedures to prepare for hurricanes. This event is open to the public.

Any education or research regarding hurricanes and how to best prepare for the onslaught of one is a positive assistance to the community as a whole. Hopefully this new center will help make sure that the disasters of tomorrow are not as bad as they have been, or could be, should such storms arise in the future.

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Posted In: Random Miscellaneous , Storm/Hurricane Tips

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.

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Posted In: General Hurricane Dispute Information , Hurricane Insurance Verdicts , Insurance Company Delays , Random Miscellaneous

With hurricane season in full swing, it is important for home and property owners to be fully aware and clear about their insurance and coverage, or lack thereof, that it provides. Whether living in a flood plain or tucked safely in a non-flooding area, residents of the Gulf Coast can be affected all the same by a hurricane by the list of dangers such as wind or rain damage. Going through your policy and making sure the proper cover necessary to properly rebuild in the event of storm damage is there will help prevent nasty surprises should the unthinkable happen and serious destruction befalls you.

Tim Engstrom from Southwest Florida's News-Press has more

Most homeowners - especially those outside high-hazard coastal zones - can find coverage, but it is likely to be with a newer, less-familiar company, said Randy Duncan, an agent with the Insurance Depot of Lee County in Cape Coral.

"The days of name-brand coverage are over," Duncan said. "All that really matters is whether the company is A-rated - can it cover its expenses in the event of a loss?"

There is no "hurricane insurance"; homeowners' insurance is actually a collection of insurance coverage that includes such hazards as windstorm, fire, lightning and more.

Duncan said homeowners frequently forget that their windstorm coverage typically carries a much higher deductible - based on a percentage of the insured value - than other coverage.

The article goes on, citing the need to reup your policy coverage in the event of home upgrades or additions, as well as keeping an extra copy of insurance documents with personal documentation in a safety deposit box or other "outside" storage area away from the home. Available here, the article is a good read for anyone living in the Gulf Coast to make sure they are up to task on their preparation and insurance values.

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Posted In: General Hurricane Dispute Information , General Insurance Dispute Information , Storm/Hurricane Tips

As Chinese drywall lawsuits develop and people continue to struggle with the hidden dangers within their walls, developments continue to mount that are relevant for anyone facing these issues. Tampa Bay Online has done a good job summarizing the issues facing homeowners across the United States in regards to Chinese drywall and its corrosive capacity to harm the health and property of homeowners.

The Florida Department of Health has received more than 450 complaints from homeowners. Several federal agencies, including the U.S. Consumer Product Safety Commission, are investigating.

The drywall was used in as many as 100,000 homes across the nation during the housing boom and emits a corrosive gas that damages appliances, gives off a rotten-egg stench and may cause health problems.

U.S. builders typically use domestic drywall, but the aftermath of hurricanes, combined with growing demand during the housing boom, led to a drywall shortage. That prompted builders to turn to imported drywall, mainly from 2004 through 2007.

Builders say they didn't know about the bad drywall because subcontractors ordered it from distributors. Some builders have tracked down which shipments contained the Chinese drywall and are testing homes. Some have moved homeowners out and are replacing the drywall.

Meanwhile, class-action lawsuits against builders are mounting.

For more information regarding Chinese drywall, be sure to read the section dedicated to this faulty wallboard issue by clicking here.

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Posted In: Chinese Drywall

The Associate Press reported earlier this month on recovery and rebuilding efforts going on in the city of Galveston as residents try to move past Hurricane Ike and into the new future of the town. Facing its first hurricane season since Ike, the residents emotions fluctuate as they try to bring their city back from the brink of complete destruction the hurricane season brought upon it last year.

Another hurricane season is the last thing Galveston wants to think about after last year's devastation from Hurricane Ike.

"Hurricane season got here a lot quicker than I thought it would. I'm still busy working on my own house, trying to get back in there," said Steve LeBlanc, manager of the island city 50 miles southeast of Houston. "But we are busy getting prepared for another season."

As the 2009 hurricane season began this week, many of Galveston's residents were still mired in repairs nearly nine months after the costliest disaster in Texas history came ashore with 110-mph winds and 12-foot storm surge on Sept. 13.

During Galveston's annual hurricane preparedness meeting on Wednesday, Mayor Lyda Ann Thomas and other officials warned the approximately 12,000 island residents who ignored an evacuation order for Ike: This time, leave when we ask you to.

It is obviously important for residents of Galveston, Texas and the Gulf Coast region as a whole for the city to be rebuilt as a sign that these disasters can and will be overcome. The lesson, it seems, that needs to be learned in the wake of such tragedy is that no storm's danger should be overlooked when people decide to ride it out or not. By being prepared and ready to evacuate in the face of approaching storms, residents can guarantee the safety of themselves and their loved ones rather than running the risk of the storm building stronger and changing direction, wreaking havoc like they did in the past three years in the Gulf Coast.

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Posted In: Hurricane Ike Insurance Dispute Information , Random Miscellaneous

A seminar dealing with the Chinese drywall fiasco going on across the Gulf Coast will be held July 31, 2009, in New Orleans, LA. Feating a host of speakers dealing with a wide assortment of issues relating to the Chinese drywall issue, the conference is billed as "a practical, one-day seminar for attorneys, engineers, architects and contractors" looking to explain health effects property damage, exploring claims and litigatory issues, demonstrating strategies for the matter and discussing the various complexities of the cases.

The Berniard Law Firm's own Jeffrey Berniard will present on the matter of "Exploring Potential Liability for Damages Caused by Chinese Drywall Problems" with fellow attorney Scott Wolfe of the Wolfe Law Group. The lecture will cover matters relating to what parties are facing potential liability exposure, theories of recovery for construction defects, defenses and crossclaims and damages.

As part of the seminar, various different learning credits are available for participating professionals as part of continued learning education requirements. This includes 5.0 approved CLE hours for attorneys from the states of Louisiana, Alabama, Mississippi and Texas.

More information can be found at the Half Moon Seminars website promoting the seminar here or by downloading the brochure here.

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Posted In: Berniard Law Firm news , Chinese Drywall , Random Miscellaneous

In an article by Kristy Eppley Rupon of The State regarding insurance policies along the Eastern coast, a new act by South Carolina's government has helped quell fears of insurance company lockouts and helped residents secure policies where they may not have otherwise. The legislative act shows there may be some innovation in the Gulf Coast region to keep insurers from leaving like they have threatened to, or have, in other states.

Insurers started dropping policies in late 2006, after Hurricanes Katrina and Rita devastated the Gulf Coast. They were worried about surviving another catastrophic hit.

That put many coastal homeowners in a bind and left state governments scrambling to come up with a solution.

South Carolina’s answer was the Coastal Omnibus Act, which enticed insurers to enter the state’s market and write policies along the coast, Richardson said.

Many states, especially Florida, got heavily involved in the insurance industry, making it hard for companies to operate there and make a profit, said Ray Farmer, assistant vice president for the American Insurance Association’s Atlanta regional office.
“South Carolina’s legislation is kind of unique to the rest of the country,” Farmer said. “It keeps the free market at work and relies on that instead of state-funded programs.”

Several other states are now pulling from South Carolina’s plan to mold their own reform acts, Farmer said.

The plan gives tax incentives to homeowners to make their homes stronger, for example, by reinforcing roofs and putting shutters on windows, Richardson said.

Such governmental action to call upon the citizens to take action to better protect themselves not only relaxes insurers but demonstrates a self-reliance that keeps the government from being a consistent fail-safe. It would be great to see this sort of reform act pop up in other states to keep insurance companies around and providing good coverage in an area that desperately needs it.

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Posted In: Storm/Hurricane Tips