Insurance Dispute Lawyer Blog

The Associated Press is now reporting President Obama and British Petroleum have come to an agreement regarding the establishment of a fund to help pay off claims. This fund is expected to be over $20 billion and will be tied to the claims process that has already begun in the Gulf Coast area. Meeting for some four hours, BP officials set aside an additional $100 million for the families of the 11 sailors who died in the explosion.

The news comes as welcome to an area that has been besought by financial difficulties as a result of the various closures caused by the BP oil spill. The Press reports

The claims system sets up a formal process to be run by a specialist with a proven record. Instead of vague promises by BP, there will be a White House-blessed structure with substantial money and the pledge that more will be provided if needed. The news was applauded in the Gulf -- a rare positive development in a terrible two-month period since the April 20 explosion that killed 11 workers and unleashed a flood of oil that has yet to be stemmed.

While the fact money has been set aside will be welcome news to many, some may fear that a lack of review may lead to problematic denials by BP. The White House, however, reports that the claims process will also include a three-member panel to review and handle claims that are refused. Further, the $20B fund will be paid into over four years by BP and the amount is not a cap.

Even though these remarks demonstrate an effort on the part of the oil giant and the government, people have raised issue with a remark made by the BP chairman that he had heard "comments sometimes that large oil companies are greedy companies or don't care, but that is not the case with BP. We care about the small people."

Justin Taffinder of New Orleans was not amused. "We're not small people. We're human beings. They're no greater than us. We don't bow down to them. We don't pray to them," Taffinder said.

While this poor choice of words is can obvious gaffe, the news of a block of money now conclusively tied to the claims process is a great step towards making the people of the Gulf Coast harmed by this disaster whole. The encouraging nature of $20B not being a "capped amount" furthers the positive sentiment due to the fact it shows a true determination that BP will be held fully responsible for any hardship caused.

More information regarding this BP oil spill claims breaking news will be provided when it becomes available.

Having taught Continuing Legal Education (CLE) seminars on a variety of topics including Chinese drywall and, soon, oil leak litigation, lead attorney Jeffrey Berniard has been a relied upon expert on matters relating to claims and the wide variety of problems and delays claimants, and their attorneys, often face in such processes. Interviewed for his expertise relating to the recent Deepwater Horizon oil leak, Berniard highlighted a little considered problem that commercial workman like fisherman and others who make a living in the Gulf might face. Given that the nature of their job involves extensive self-reporting and tax analysis, the flexibilities or evasions of tax income that those who work off the coast might have carried out might significantly limit their ability to collect damages. If that is the case, careful legal analysis and work by an experienced attorney may be the difference between thousands of dollars in compensation.

While talking to New Orleans City Business (articles available to subscribers only), Berniard was asked about the difficulties some might face in collecting damages caused by the oil spill

“It’s the same issues we dealt with after Katrina in terms of (Small Business Administration) loans,” he said.

In the event of Katrina, insurance companies and loan groups often asked for proof of earnings that small business owners struggled to provide. In those instances, the owners were forced to either accept little to no assistance or hire an attorney that would be able to get them the money they needed. Using a variety of processes including getting records from employers, customers, average yields of similar fisherman, etc., hiring the right attorney can mean a world of difference.

Because bigger businesses can often afford to have a professional tackle their taxes year in and out, this problem will likely be dealt with by small business owners who work in a cash-heavy industry. Berniard also noted that "eligibility for damages claims typically requires paperwork from the Internal Revenue Service to prove yearly earnings." This is another area where larger businesses with complex filing systems will come out of the claims process easier than those businesses who might not be able to afford the proper storage or formatting required to keep complex and lengthy paper trails for the sake of proving earnings. Without proper representation, this may lead to small businesses closing shop merely because they had kept their buying and selling on a cash basis.

Oil Spill Pollution Act claims will be a prominent issue as Gulf Coast workers struggle to make ends meet during restrictions in fishing because of the miles upon miles of floating crude oil. While these problems with income proof will likely not be an issue for most of the small businesses in the area, years of delays from storm damage have shown that the claims process will likely be a difficult one. Local individuals wishing to pursue a claim for lost wages or damage to their property are advised to keep close records of business before and after the spill as well as to begin collecting as much financial data as possible from previous years. While an attorney like Mr. Berniard could be able to achieve results without such records, the more assistance you can provide to an attorney helping manage your claim the more likely the claims process will move forward successfully. By being prepared with extensive records in the event of any sort of audit or claims investigation that can come from their claim, local victims may successfully prove their claim.

Our firm will be releasing more information on how to file an oil loss claim. Feel free to bookmark our site and check in often for more news and helpful directions as they become available. If you feel you have a claim to make, contact our offices and an attorney will help advise you on your rights in this matter.

There is an availability of funds under the Oil Pollution Act (OPA) and the Oil Spill Liability Trust Fund (OSLTF) for Louisiana residents who have suffered property damage because of the crude oil washing ashore. Oil damage to boats is treated differently from other forms of personal property damage under the guidelines of the OPA. As required by the Oil Pollution Act of 1990, certain information must be provided to the responsible party to submit an oil spill loss claim. Just one example includes a provision that boat captains from Plaquemines, Jefferson, St. Bernard and Terrebonne Parish will need to present the following information to BP and other responsible parties will filing their oil spill claims.

The U.S. Coast Guard's National Pollution Funds Center website details that a boat's owner can submit claims relating to the removal of oil stains from the vessel (interior furnishings upholstery and carpeting included) so that the vessel may be restored to its condition before the oil damage. Claims may also be filed for the damage done to a boat's motor, rudder, anchor winch and other mechanical parts of the vessel harmed by oil.

In general, all claimants, regardless of what losses they are claiming, are required to provide the following;

1. Photo Identification 2. Tax Returns from 2007- 2009- However claims representatives have indicated they will take fewer years. 3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.

Louisiana boat captains will also need to provide the following for an oil loss

1. Log Books with cancellation information 2. Contact information for clients who cancelled trips 3. A list of continuing expenses

Boat captains will undoubtedly be affected for years to come by the negligent parties associated with this oil spill. Once a claim determination is made, a claimant must either accept or reject the offer within 60 days. If the offer is accepted, a release must be signed. If no action is taken within 60 days, the offer to pay the oil spill claim will be voided and the claim is closed. If the boat captain decides to reject the offer this can start an entirely new review process. Another claim determination will be made as a result of the reconsideration and the final determination on the matter becomes final. The claims adjusters do not consider the reconsideration process to be a negotiation.

The problem with this process is that, once a release is signed, boat captains potentially will not be able to make claims for losses incurred over the next few years for their oil spill claim losses. If a boat captain decides to sign a release in the next few months and the oil spill causes his business to fall next year surely the responsible parties will deny his claim by asserting the release caused all claims to be settled at the time it was signed. For this reason alone it is important that individuals have a legal expert inspect the claim and make sure that their rights are protected for years to come.

The Berniard Law Firm is currently handling oil spill claims for boat captains and is advising against signing any and all releases that will cap damages at only this years losses. If you want to speak with a lawyer today about your oil spill claim as a boat captain call 1-866-574-8005 for a free consultation.

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.

According to Baton Rouge's Advocate, the chemical fire earlier reported is currently under control by the roughly 100 firefighters on the scene. Firefighters from Ascension Parish, East Baton Rouge Parish and others responded promptly to the incident and represent the multi-Parish effort being undertaken to combat the giant blaze.

Photo courtesy of The Advocate

The blaze, reportedly visible from as far away as Baton Rouge, was caused by a fire that sprang up within a chemical factory located in Denham Springs. Flames are reported to have risen as high as 30 or more feet into the air even after some three hours and the fire, for the most part, dying down. The fire was fueled by some of the man 55-gallon drums of chemicals being stored at the facility.

The Department of Environmental Quality in both New Orleans and Lafayette were on standby in vase they were needed. Coco Resources, the facility the fire occurred at, stored a number of chemicals in the factory and remixes recycled chemical materials and sells them to customers. These products include general chemicals, oilfield soaps, and oil and fuel additives.

According to Jeffrey Meyers, division administrator of the Emergency and Radiological Services Division, the variety of chemicals produced at the Coco facility makes air monitoring difficult to conduct.

Per the aforementioned article, the facility has had its share of attention from regulators

However, Simms [DEQ environmental inspection agent] noted in the narrative portion of the inspection report that the facility had been the subject of several enforcement actions in the past but had not been considered a “generator of hazardous waste” by DEQ

These incidences date back as far as 1996 and include two incidences in October of 2001 when odors were detected emanating from a warehouse and led to subsequent DEQ violations.

As of this time, more than 100 people have been evacuated from the area, while no injuries have been reported. The article quotes Perry Rushing, chief of operations for the Livingston Parish Sheriff's Office, as saying

People living and working in a half-mile radius around the fire had been evacuated. "You basically look at where the fire is on Eden Church Road and the railroad tracks and then make a half-mile radius around it and that’s what we’re evacuating," he said.

One item of note comes from State Fire Marshal Butch Browning, who describes the Coco Resources facility as possessing a "high inventory of petroleum distillates."

While this incident is still being handled, more information will be posted to this blog as it becomes available. In the meantime, the Berniard Law Firm has experience in chemical leaks and is aggressively pursuing a class action against Dow for the leak in Hahnville in June of 2009. With hundreds of clients represented in the aforementioned class action, our firm is willing to discuss the legal rights of anyone affected in this recent incident.

A huge fire has broken out in Denham Springs at a chemical warehouse. 200 people have been evacuated and approximately 100 firefighters are reportedly on the scene combatting the inferno.

The explosion, occurring around 2 p.m. alarmed the local community. Visible from over 20 miles away, even as far as Baton Rouge, firefighters hope to contain the blaze.

More information will be provided as it becomes available.

Our firm has expanded to include a personal injury-specific blog to cover a variety of issues Louisiana residents may face in their lives. It is our hope this blog will be a helpful guide for those curious on the issues or looking for more information should they be unfortunately facing one of the variety of problems discussed.

To check out the blog, go to LouisianaPersonalInjuryLawyerBlog.com or click here.

In an effort to bring fairness and acceptable billing practices to Louisiana and beyond, the Berniard Law Firm actively worked in the interest of resident cable subscribers against two cable giants in 2009. Filing in federal court, our firm, in conjunction with attorneys of several other Louisiana firms, took aim at the tying of cable boxes to the use of premium services provided by the cable companies. Because these cable boxes were only available through rental from the cable companies themselves, subscribers were forced to pay twice for what should be limited to the service itself. Facing either unnecessary rental charges or miss out on various channels and opportunities they were already paying for, cable subscribers quickly signed as clients of our firm and took aim through a class action against these companies.

For more information on how to join these class actions against Cox and Charter cable, check out our websites:

http://www.chartercableclassaction.com/
http://www.coxclassaction.com

We look forward to the judicial process beginning on these cases in 2010.

The Berniard Law Firm would like to wish you and yours a Happy Holidays. This blog will not be updated until the New Year and we hope to hear from you then.

Have a great rest of the week and enjoy what remains of 2009.

The Berniard Law Firm would like to wish everyone in the Gulf Coast and beyond a happy and pleasant Thanksgiving holiday.

The blog will resume posting on Monday, November 30th.

A Happy Veterans Day and special thank you to those in the Armed Forces from all of us at the Berniard Law Firm. We are grateful for your service and appreciate all you have done for our country.

The Berniard Law Firm would like to congratulate the New Orleans Saints for their franchise record 8-0 start on the season! Well done and good luck in St. Louis!

Hurricane Ida is moving into the Gulf and current tracking has the storm reaching the Gulf Coast late Monday evening. WWL reports Ida is gaining strength over the warm Gulf water while also downgrading into a tropical storm.

For more information on Ida as it becomes available, check out the National Weather Service's National Hurricane Center site dedicated to the storm, located here, or continue to check into this blog.

In a huge turn of events, a Chinese drywall manufacturer has assuaged the fears of those who believed no lawsuit might ever emerge by agreeing to be served with the class action lawsuits brought forth by homeowners.

The Bradenton Herald reports

A Chinese drywall manufacturer has agreed to be served with a class-action lawsuit to be filed on behalf of homeowners, attorneys in the case said Monday.

Knauf Plasterboard Tianjin Co. Ltd. agreed to be served under U.S. court procedures and not under international law, which would have taken more time and money, attorneys said. However, KPT’s willingness to do so extends only to an omnibus class-action lawsuit to be filed by Dec. 9...

KPT and several manufacturers, distributors, shippers and homebuilders are accused of importing and installing defective drywall in thousands of U.S. homes. The drywall has been blamed for causing property damage and health problems.

The Berniard Law Firm has been filing Chinese drywall cases for months now while head attorney Jeffrey Berniard has attended and instructed at seminars dealing with the toxic wallboard. With a team of field experts and construction specialists geared to handling the various complexities involved in the diagnosis and assertion of Chinese drywall within the home, our firm is highly skilled and capable of handling your lawsuit.

With pleading deadlines looming, it is important for anyone who believes their home to have been rebuilt or repaired with Chinese drywall to contact our offices immediately so that they may listed along with current clients on our firm's class action pleading. Call our offices at 504.527.6225 or text 504.458.6225 for more information or to talk with an attorney regarding Chinese drywall and how to have your home inspected and proceed with legal action.

Time is of the essence and it is important for anyone who believes the toxic wallboard is in their home to contact our legal experts today.

A Happy (and safe) Halloween for all of our readers and friends from the Berniard Law Firm

A Happy Columbus Day to all of our readers on the Berniard Law Firm's Blog. Original content will resume tomorrow. Until then, enjoy your day.

The Berniard Law Firm, having already been involved with various clients with Chinese drywall in the Gulf Coast region, recently filed in federal court two claims against manufacturers and builders who were involved in the repair and manufacturing of their homes. Further, head attorney Jeffrey Berniard has been involved in the class action proceedings with the MDL established in New Orleans. That pre-trial matter has been proceeding at a very rapid pace as Judge Eldon Fallon, quite experienced with class actions and was selected because of his work in a previous matter involving the prescription drug Vioxx. For more information on Judge Fallon's work in the Vioxx matter and how he was chosen for his experience and expertise in the rapid development of class action pre-trial matters, read more here.

All of this involvement has led to a wealth of information that has been integral in establishing the advanced experience and approach the Berniard Law Firm has towards Chinese drywall. Mr. Berniard has been in attendance of each of the pre-trial hearings relating to the MDL Panel and has been active in helping advance the Plaintiff case in any way possible. To understand better the decisions made and the developments that come with these pre-trial hearings, refer back to our blog entry on this month's MDL hearing located here.

While this blog is intended to be a resource for individuals living in the Gulf Coast and beyond to understand the legal matters and situations going on day-to-day, the fact that builders as far away as Nevada have been accused of using Chinese drywall demonstrates that everyone need to be aware of the news and options going on with Chinese drywall.

For more information on Chinese drywall, feel free to peruse the section of this blog dedicated to the matter, located here. If you believe you may have Chinese drywall in your recently built or renovated home, contact us at the Berniard Law Firm and we will happy to help you with your home issue and pursue any legal case you may have.

For residents of the Gulf Coast, and Louisiana in particular, groups involved with Chinese drywall litigation and legislation have established and set up a Town Hall Meeting for next week to discuss with homeowners and citizens the developments and actions being taken to combat the problems associated with the faulty wallboard.

Set for next Monday at 6:30 in Mandeville, the meeting will be attended by attorneys, including the Berniard Law Firm's own Jeffrey Berniard, and experts in the field and issue in order to hopefully assuage concerns and develop ideas and avenues of communication with the community. State Senator Julie Quinn will also be in attendance to field questions regarding the state's response to the matter.

The full details are as follows:

Date: 9/14/09 Time: 6:30pm Address: Mandeville City Hall 3101 E. Causeway Approach Mandeville, LA

State Senator Julie Quinn will be hosting a Town Hall Meeting to discuss tainted Chinese drywall issues at Mandeville City Hall. She will discuss what the federal government and state of Louisiana are doing to address the issue. Dr. Mark Rigler, an expert in environmental analysis will be available for questions, as will a number of attorneys.

For more information you may contact Senator Quinn at her office, 504-219-4640.

For anyone who has had Chinese drywall discovered in their home or has questions regarding the matter, the meeting will be a great opportunity to further explore the issue and have questions answered. We hope to see you there.

Yesterday afternoon, a New Orleans judge appointed Berniard Law Firm attorney Jeffrey Berniard to the steering committee for the class action lawsuit against Dow Hahnville case. The committee, including attorneys Madro Bandaries, Rico Alvendia, Gregory DiLeo and Jennifer Eagan will be in charge of and handle all of the major pretrial matters relating to the case. As such, our firm will be at the forefront of issues as they come up and will be looked to by the court to help focus the Plaintiff case.

If you have not already done so, go to our website at DowLeak.comfor more information about joining the class action or having your individual damages looked into by our legal staff.

In response to the recent chemical leak in Hahnville, Louisiana, by Dow Chemical, the Berniard Law Firm has filed a Class Action complaint on behalf of residents of Southeast Louisiana affected by the leak of dangerous chemicals that occurred on July 7th.

Representing all individuals affected physically, be it through headache, dizziness, nausea, burning of the eyes or other ailments, the class action looks to require Dow to take responsibility for the release of ethyl acrylate into the air from its St. Charles Parish plant. The actions the plant has taken in addressing the public's risk to harm and the closing of River Road in parts demonstrates that an active and dangerous agent was released by Dow and the company bears responsibility for the harms this leak has caused.

According to the Occupational Safety and Health Administration, ethyl acrylate is a strong irritant of the eyes, skin, mucous membranes, respiratory system and gastrointestinal tract in humans. As there is no way of knowing the level of ethyl acrylate Dow has exposed the Greater New Orleans area to on the morning of July 7th, action was necessary so as to demand accountability.

Members of the class have been determined to be any persons throughout Louisiana who were exposed to a release of any chemical by Dow on or around July 7th and said release caused to that person injuries, emotional distress, loss of income or the loss of the beneficial use, enjoyment, and exclusive possession of their property, or any other damages that may have been suffered.

For more information, contact the Berniard Law Firm at 504-527-6225 or visit our website at LAClaim.com