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.

Dozens of class action lawsuits have already been filed in the Gulf Coast region (including Louisiana, Florida and Texas) against the companies who may hold some responsibility for the oil spill disaster-BP first, followed by Transocean, Cameron, and Halliburton, among others.

BP and Transocean are dealing with wrongful death lawsuits from families of the 11 victims who died in the explosion as well as lawsuits from those injured. Survivors of individuals who have died due to the negligence of someone else can recover a multitude of damages in a wrongful death suit, such as medical expenses, burial expenses, compensation for pain and suffering and loss of consortium, and even punitive damages in some cases.

Those who have lost revenue in the aftermath of the blast such as fisherman, restaurants, charter boat companies, even homeowners could also bring class action suits. Even municipalities may sue for lost tax revenue. In addition, shipping companies could sue if traffic along the Mississippi river gets disrupted. The trail of liability these companies will most likely face is long and complex because the effects of the disaster are far reaching and anyone adversely affected may be entitled to compensation from those deemed responsible.

Cleanup itself creates new liability issues because the chemicals used to try to disperse the oil are dangerous to the fisherman who are trying to help. If these volunteers are injured the companies may face additional personal injury lawsuits in the future.

It is not unusual for an oil spill like this one to create a huge legal mess. Following the Exxon Valdez spill in 1989, there were 17 categories of lawsuits filed against Exxon, with each representing thousands of aggrieved parties who ended up collecting $507 million in compensation plus the same amount in punitive damages. This oil spill could have even greater legal implications since the population of the Gulf Coast is 10 to 20 times greater than the population of the Alaskan coast with a maritime economy that is much bigger.

Some questions exist as to how much BP, as the major player involved, will be forced to pay for the economic repurcussions of the spill. The Oil Pollution Act (OPA) caps some of BP's liabilities at $75 million. This number is so low that some Democrats in Congress have proposed retroactively raising the cap to $10 billion. According to analysts, the actual liability will lie somewhere in between, possibly around $3 billion, a fraction of the estimated cleanup cost of up to $20 billion. Following the Exxon Valdez spill, cases trying to collect higher punitive damages were argued for years, going as high as the Supreme Court only to be unsuccessful. In the end, maritime law proved to be fairly stingy in providing for costs beyond hard financial damages. With this legal precedent set, it will be an uphill battle for plaintiffs to collect more in an effort to be made whole this time around. However, given the far reaching economic implications of the spill and increased number of people affected, anything is possible.

In any event, BP will probably not even pay all of the damages awarded. While BP has pledged to pay for the cost of cleanup and legitimate damage claims they will most likely try to offset their cost by going after the other companies involved in the construction and operation of the Deepwater Horizon rig. This can be accomplished through contribution lawsuits, which are claims brought by a defendant (like BP) to a lawsuit for money damages owed to a plaintiff. Typically one defendant will sue other defendants or third parties and claim that they are required to "contribute" to help pay the cost of damages owed to the plaintiff.

To navigate these complexities, a qualified attorney is necessary. With so many different defendants and a wide variety of legal recourses available for both side to utilize, legal representation will be key to the financial awards people receive. Further, the wide variety of plaintiff classes and issues will make it important each individual looking to make a claim is represented properly. With damages that some people might not even be aware they can claim, hiring a lawyer capable of making the best case for you is an important choice to be very careful with. Doing so not only ensures no claims are missed but also that adequate provisions like venue, class and statute of limitations are followed.

On Friday afternoon, Jeffrey P. Berniard of the New Orleans-based Berniard Law Firm, LLC, conducted an on-deck inspection of the 263-foot cargo ship, Damon Bankston, which is leased by BP. The ship was used to return some of the rescued crewmembers of the Deepwater Horizon oil rig to BP's Fourchon Dock Facility after the rig exploded and sank into the Gulf. Seventeen rig workers were injured in the explosion, and eleven workers remain missing and are presumed dead. Mr. Berniard participated in the viewing because he represents numerous plaintiffs who have been affected by the incident. The inspection occurred prior to the ship being cleaned and returned to service in support of ongoing efforts to contain the oil spill. The catastrophe has resulted in the release of more than 200,000 gallons of oil into the Gulf each day since April 20.

Mr. Berniard is well known in the Louisiana legal community as an expert in personal injury cases and suits against negligent companies. With knowledge regarding the Oil Pollution Act (OPA), a federal law passed in 1990 in response to the Exxon Valdez oil spill of 1989, his legal representation would help advance anyone affected by the incident. The OPA, though little known to many general-practice attorneys, will play a critically important role in the litigation over the Deepwater Horizon disaster. Assigning liability will be particularly challenging given that numerous companies such as BP, Transocean Ltd., Cameron International Corp., and Halliburton Energy Services were involved in the drilling project. In recognition of his expertise and trial experience, Mr. Berniard has been invited to deliver a Continuing Legal Education seminar on the OPA and legal matters regarding this incident to area attorneys in the coming months.

Additionally, Mr. Berniard is highly regarded for his skills in complex litigation, including class-actions. He is noted for his efforts to help Louisiana families impacted by defective Chinese Drywall, and in 2009 gave a lecture on the topic at a Continuing Legal Education seminar in New Orleans. Also, following Hurricane Katrina, Mr. Berniard recovered over $45 million in uncompensated damages for his clients.

If you suffered any damages related to the Deepwater Horizon incident, or in the coming days incur oil removal expenses, you may be entitled to receive compensation from the Oil Spill Liability Trust Fund or to obtain other monetary relief. Put the disaster litigation experience of the Berniard Law Firm to work for you by calling 504-527-6225 or 1-866-574-8005.

Toxic Chinese drywall that was installed in many Orleans Parish homes has been discovered to emit sulfur, methane, and other toxins. The drywall is thought to be responsible for homeowner's health problems and damage to household appliances. If you have been forced from your home due to toxic Chinese drywall and are now suffering to repair the damage while balancing your mortgage costs and rent payments, you are not alone.

Three Senators Fighting to Obtain Mortgage Break for Chinese Drywall Victims
Just recently, three U.S. senators attempted to enter into negotiations with Fannie Mae and Freddie Mac in order to obtain 6 months of mortgage relief to homeowners fighting the damage of Chinese drywall in there homes. One of these senators was Mary Landrieu, a democrat from Louisiana. Landrieu was joined in this effort by Bill Nelson, a Florida senator. The senators state that the 6 month grace period will help "folks struggling to keep their heads above water" . The U.S. Consumer Products Safety Commission has receieved more than 3,000 allegations of toxic Chinese drywall. Just weeks ago, a similar plan was approved by Fannie Mae to help out Virginia home owners.

Louisiana Bill Addresses Victim's Concerns with Home Insurance Cancellations
On April 22, 2010, a proposal for a bill to help victims of Chinese drywall was introduced in the Louisiana Senate. The bill was introduced by Julie Quinn, and would bar home insurers from cancelling, refusing to renew, or increasing premiums or deductibles due to toxic Chinese drywall at a home. Quinn has received dozens of complaints from homeowners who say they are going to lose home insurance because they filed a claim related to the drywall. In addition, some homeowners are suffering added financial burdens from the drywall because they are afraid of reporting it to their insurer. See the full article by clicking here.

Ways to Help Lower Your Mortgage Payments in Response to added Expense of Chinese Drywall Damage

Temporary Interest Rate Reduction
If you don't have the option of waiting for Freddie Mac or Fannie Mae to provide you with mortgage relief, you still have options available to you. A temporary interest rate reduction may help you stay afloat long enough to avoid foreclosure. A temporary interest rate reduction can help individuals who are facinging financial problems that are likely temporary in nature, but who cannot provide full payments for a foreseeable time period. A temporary interest rate reduction can reduce your interest rates to market rate, or some cases, below market rate. Fannie Mae, may be willing to lower the rate to 3% in some instances.

Loan Modification of Securitized Loans & Special Plans
Most mortgage securities are issued by or guaranteed by Ginnie Mae, Fannie Mae, or Freddie Mac. Both Fannie Mae and Freddie Mac's servicing guidelines permit loan modifications.

Treasury Secretary Paulson, along with the mortgage industry, created "Hope Now," a voluntary program that helps consumers who have securitized subprime adjustable rate mortgages to avoid foreclosure by temporarily freezing their interest rate at the initial level. This plan has a clear procedure for processing loan modifications for those people who are up-to-date on their loan payments but are in danger of defaulting after the initial interest rate resets. These homeowners may be given a limited modification under which their interest rate will remain the same for a give period, often 5 years.

Treasury Secretary Paulson also implemented "Project Lifeline" for more dire cases. This program gives eligible participants a 30 day delay in foreclosure proceedings. In order to qualify, you must be at least 90 days late on payment and no more than 30 days from a scheduled foreclosure sale.

Addressing Orleans Parish Homeowner Credit Concerns
If you are deciding what path to take in regards to your toxic drywall problem and are concerned about impacting your credit, this information may help you. While you may not want a foreclosure avoidance plan of any type on your credit, these plans have been shown to be better than having a complete forclosure on your credit history. A foreclosure avoidance plan at least shows that you are attempting to make an effort to repay your mortgage.

Continue reading "Financial Assistance Emerges in Chinese Drywall Disaster" »

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.

Many citizens of Louisiana often face difficult circumstances with their neighbors. Not just the noise or random annoyances but, instead, sheds, plants, trees or other property going across the lot and into their own property.

While a shed that is 2" too wide is often ignored by the average person, there are very real consequences of allowing this to go on.

Common law dictates that an infringing structure or item, left unchecked, can create new property rights that take away from the individual who has calmly allowed what may be a harmless mistake. Encroachment of a shed or addition to a house can expand the property of the owner of said structure to the detriment of an unassuming neighbor.

According to the ExpertLaw.com

To prove adverse possession under a typical definition, the person claiming ownership through adverse possession must show that its possession is actual, open, notorious, exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period. These terms have special legal meanings as legal "terms of art", meaning that their definition for purposes of adverse possession law may be different from a definition you would find in a standard dictionary.

What this means is that a landowner who allows for years a structure or other imposing item to come into their property faces the reality of losing ownership of that portion of their land should they be taken to or prosecute the matter. The law awards rights to people who for years have been allowed rights to the land in what many consider to be unfair and a penalty for politeness.

Louisiana law calls this process acquisitive prescription. The process comes from French law, as many of the codes and principles of Louisiana law derives, and is defined clearly in the Civil Code. Per that Code Article (3446), "acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time." Further, the law is relatively flexible on the limits that a claim may arise. Under Louisiana Civil Code Article 3447, "liberative prescription is a mode of barring of actions as a result of inaction for a period of time." This means that claims must arise within a certain time period. However, the law has stipulated that renewal of the time when the party who has benefited from the extended time period admits knowing of the infringement.

While a court might determine this in different ways, the fact that such a taking of property exists means Louisiana citizens must be careful with just how neighborly they are.

To give a general example:
If you own a vacant lot next to a person who has a garage that abuts your lot, and you are unaware the garage is two feet over your lot, that person could end up getting that two feet of property after 30 yrs of notorious open possession. While this might not seem like a lot, when you choose to sell the lot, it could have serious ramifications. The same thing goes for a shed in the back of your lot that you figured was not a big deal but ends up lowering your potential sale by an amount that would never be worth the kindness you showed by doing nothing.

If you find that a neighbor is encroaching on your property with a shed, their home or a variety of other ways, it is important to handle the matter swiftly and not allow time to pass. Doing so can severely limit your legal rights and punish you for what may have been considered to be an honest mistake you were choosing to ignore.

For more information on your legal rights, feel free to contact our firm for a free consultation from one of our attorneys.

While the Gulf Coast rarely sees snow in the winter months, safe driving is crucial as precipitation arrives in the form of rain and sleet. Though these tips are offered by the Iowa Department of Transportation, they still remain absolutely relevant given the ability of cold weather to cause unsafe driving conditions despite a lack of snow or hail.

Do not overestimate your ability in bad driving conditions.

Slow down. Wear seat belts. Never drink and drive.

Put extra distance between you and the car in front of you.

Don't slam on the brakes. The wheels could lock, causing your car to slide.

If your car starts to slide, turn your wheels in the direction in which it is sliding to straighten it out.

Drive on interstates and one-way roads, whenever possible.

Turn on your lights to see and be seen.

Clear snow, sleet and ice off the headlights, tail lights, mirrors, and license plates. Stop the car when necessary to keep the windows clear.

Be aware that bridges, ramps, and overpasses may freeze first.

Check the windshield wipers to make sure they are not frozen to the windshield.

Consider replacing your original wipers with heavy-duty ones.

As always, safe driving in adverse conditions is much more important than arriving to a destination faster. Should you be involved in a car accident, keep close records of all the details and contacting a legal expert are crucial. Our office deals in personal injury and legal representation matters and would gladly discuss your rights in the event of such an accident.

In the meantime, our offices only hope that ice and sleet will not be an issue this holiday season in the Gulf Coast!

A quick news piece emerging out of Houston demonstrates that though it has been a quiet hurricane season, the damage caused by previous years in which the Gulf Coast was not so lucky have still not been overcome. In Houston, individuals still living in FEMA trailers in the wake of Hurricane Ike have been notified that they will need to vacate and move on to more permanent housing.

Per Houston's Daily News

Before Hurricane Ike, Sidney Lampman rented the first floor of her sister’s two-story house on West Hunter Drive in Old Bayou Vista. The hurricane flooded the house and, even though Lampman rented the property, rather than owned it, the Federal Emergency Management Agency gave her a mobile home while she looked for a new place to live.

This month, the agency sent Lampman a letter telling her she must move out of the mobile home because there are plenty of apartments and rental houses in the area.

The agency referred her to the federal Disaster Housing Assistance Program, which subsidizes rent for hurricane victims through March.

It is disappointing to see people are still having to rely on this governmental housing and shows the true destruction caused by these disasters. We can only hope this quiet hurricane season continues and the Gulf Coast is given a reprieve from disastrous weather.

A nice quick read for those in New Orleans and abroad, the Toronto Star recently did a profile describing the recovery movement post-Katrina and what it means four years later. While common in its timeline of the days before and after Katrina, it does spotlight a lingering international interest in the disaster and shows, again, just how much help is still needed even after all that time.

John Goddard recounts

Some visitors seek out the city's cemetery tombs. Some ride to nearby plantations and delta swamps. For many, however, the first choice is to survey Katrina's devastation – not to gawk at other people's misfortune but to understand what the city endured and appreciate its protracted recovery.

Jones sets the ground rules: The bus sticks to main thoroughfares; nobody gets off to take pictures.

Initially, locals resented the idea of bus tours, he says. Now they view them as a net benefit to the city.

"Just by coming here you are helping," he says.

From all of us at the Berniard Law Firm, have a pleasant weekend.

While much of the nation has been spared any sort of adverse weather as a result of tropical storms or hurricanes, insuring one's home is not the only way precaution may be taken by people, regardless on where they live. One helpful tip is to avoid any sort of delay or detriment to travel enjoyment by insuring your trip or vacation.

Article writer Michelle Higgins recounts various trips she has taken and the security insurance now provides. She writes

Several years passed before we returned to the Caribbean in hurricane season. In October 2007, my husband and I rented a house on the island of Vieques in Puerto Rico. The three-bedroom home was perched on a hilltop, and its pool offered clear views of the bioluminescent bay and remote beaches. The October rate was a bargain, and other than a few afternoon showers, we escaped any foul weather.

This year, we decided to press our luck again. Why? Because we were getting hurricane insurance.

Basic travel insurance typically covers hurricanes or other unexpected weather events. This can offer peace of mind to travelers going to a storm-prone region. If a hurricane shuts down the airport or wipes out the hotel, for example, you don’t lose the money you spent on the vacation.

But some companies have started going a step further, offering more specific storm-related benefits like hurricane-warning protection. With this type of insurance, travelers don’t have to wait until a hurricane ruins their vacation to get their money back. Rather, hurricane-warning coverage generally allows cancellation of a trip within 24 hours of departure if the destination is under an official hurricane warning from the National Hurricane Center.

The article goes on but the general idea is that a variety of situation-specific provisions exist. By researching before your trip and looking into anything a travel agent or the company you are buying through, or in the event it is a trip just researching the internet or your rental car company, valuable time and money can be preserved. Some companies might let you go on the trip again while others may simply reimburse a portion of your trip. Either way, being an educated traveler can be quite helpful when hurricanes sweep through, if they do. And if they don't, at least knowing you're protected can make travelers less wary about the weather day to day.

A happy Labor Day for everyone in the Gulf Coast and beyond!

A little bit of 'News in Short'

Miami Herald: more tax benefits for Chinese drywall victims

Scientific tests have shown that toxic China-made drywall installed in homes beginning in 2001 emits harmful gases that corrode copper wiring and other parts of people's homes. In addition, these gases harm people's health, making many homes uninhabitable. Homeowners must not be left to shoulder this burden alone...

Although the casualty loss deduction allows victims to deduct the home's loss of market value from their taxes, the current tax code does not allow them to deduct for the additional living expenses incurred when homeowners must move and live elsewhere to escape toxic drywall emissions.

Levee plans in doubt

Frustration and less-than-kind words were expressed at two state coastal restoration and protection meetings recently because of a letter sent to the U.S. Army Corps of Engineers that raised questions about construction-related permits for at least two portions of a long-awaited, massive levee system in Terrebonne Parish.

The letter, dated Aug. 13 and signed by the Coalition to Restore Coastal Louisiana and the Lake Pontchartrain Basin Foundation, outlined concerns the environmental groups have voiced for several years about the entire Morganza to the Gulf project, which would cover lower parts of Terrebonne and Lafourche parishes.

The Wall Street Journal reports that companies in the Gulf and outside of it are not seeking insurance for catastrophe this hurricane season. Citing "improved technology and increased regulations" as rationale for avoiding the provisions, these companies still stand at some peril as hurricane season escalates. The article notes

Many energy companies are facing the late-blooming Gulf Coast hurricane season without insurance against storm damage to their offshore platforms, pipelines and drilling rigs.

Although the annual storm season has been mild so far, the first hurricane, Bill, brewed up in the Atlantic last weekend, and federal forecasters are predicting three to six hurricanes this year, one or two of which will probably qualify as major.

Consumers are less likely than in earlier years to see spiking prices if hurricanes hit, experts said, because big stockpiles of oil, natural gas and gasoline have built up in the U.S. since the recession began.

But for small and midsize energy companies, a storm's impact could be serious, because they would have to pay for repairs out of their own pockets at a time when revenues have been shrinking because of the global slump in oil and natural-gas prices.

This seems to be similar to the gamble that states are taking for reinsurance, as mentioned in the blog here. All the more, very close attention is going to be paid to developing storms as the season rolls on and the gambles states and companies are taking either pay off or blow up in their faces.

Virginia's WSLS recently did a piece on traveling and the use of travelers insurance that is very relevant to anyone across the United States who may be visiting or doing business in regions such as the Gulf Coast. When visiting areas like Florida, Louisiana, Mississippi or Texas, travelers may want to consider the slightly extra fees to guarantee their trip is financially supported in the event hurricane season flips on it.

Bradford tells WSLS travelers can expect to pay anywhere from $50 to hundreds of thousands of dollars for trip insurance, but she says it pays for itself if they have to use it.

“If it’s a situation where you’ve paid $4,000 for a trip and it gets cancelled because of a hurricane and you didn’t take out any insurance, you’re in bind,“ said Bradford.

From talking with several travel companies and searching traveling websites online, WSLS found that, depending on the company and your policy, if a storm damages your hotel before your departure, shuts down your airport or even if a hurricane’s predicted path is near the location of your upcoming insured vacation it is possible to get reimbursed.

The piece also mentions reading the fine print and possibly checking the insurer through the Better Business Bureau before handing over any sizable amount of money for protection. As for cruises, the article notes, insurance may be not as viable an option, or even necessary:

If you have to cash in your trip insurance, Bradford says the wait time varies depending on the policy, but says the average turnaround is about 6 weeks.

According to AAA, it’s rare that cruise ships will cancel their plans because of hurricanes.

They say, most of the time, the cruise ships will just change their routes.

Just a good amount of tips for people who may want to travel at the end of this summer.

For updated views of Bill's projected Bath, bookmark this Blog entry.

An article from 2005 while Hurricane Katrina raged through the States remains relevant today.

In today's five tips, we're going to tell you what you need to know about your insurance if your home as been damaged or destroyed in the hurricane.

1. Contact your insurer, stat.
2. Document, document, document.
3. Live with it...for now.
4. Watch out for scammers.
5. Protest your settlement.

Each tip carries with it a brief description of what to do. Take, for instance, CNN's suggestion for "Living with it now"

Make only temporary repairs before the insurance adjustor has a chance to come in and access the damage. Of course you should not compromise your safety. But if you have a leaky roof, just put some pots and pans around instead of having the damage fixed by a professional.

This is a good way to make sure that you are reimbursed for any repair. If you are currently underinsured or you have a sizable unreinbursed property loss estimate, you may be able to deduct this from your taxes.

First, subtract any insurance you anticipate receiving. Then subtract $100. The loss must be further reduced by 10 percent of your adjusted gross income, according to Tom Ochsenschlager of the American Institute of Certified Public Accountants. The balance remaining is what you can deduct from your taxes.

Just some things to keep in mind in case hurricane season doesn't remain as quiet as it has been.

WBRZ News 2 features the story of how a Livingston Parish homeowner with Chinese drywall may receive some help from a builder.

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