Insurance Dispute Lawyer Blog

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.

The New Orleans area has been dealing with a cold streak that, according to the National Weather Service, may actually get worse. The NWS in Slidell has issued a warning of extreme cold temperatures in the area from Thursday to Sunday morning. This will mean many residents and citizens in the area and around it will experience a chill to an extreme that rarely is felt.

While some areas of Louisiana and Mississippi may see snow, moisture is not as much of a concern as the chill that follows. Per the NWS report

ALL OF THE MOISTURE WILL MOVE OUT OF THE AREA BY THURSDAY EVENING AND THEN THE GREATER ISSUE ARRIVES...VERY COLD TEMPERATURES. AN ARCTIC AIRMASS WILL CONTINUE TO MOVE IN AND REMAIN OVER THE AREA FROM THURSDAY NIGHT THROUGH SUNDAY.

THE AIRMASS IS NOT EXPECTED TO MODIFY CONSIDERABLY. THE AIRMASS IS EXPECTED TO BRING VERY COLD TEMPERATURES TO THE AREA THAT COULD BE COMPARABLE TO THE ARCTIC OUTBREAK OF EARLY FEBRUARY 1996...BUT NOT AS LOW AS THOSE EXPERIENCED DURING THE 1985 AND 1989 ARCTIC OUTBREAKS.

The potential for ice and poor driving conditions means motorists need to take extra precautions this weekend to prevent car accidents. Some tips from AAA for winter driving include

Avoid driving while you're fatigued. Getting the proper amount of rest before taking on winter weather tasks reduces driving risks.

Never warm up a vehicle in an enclosed area, such as a garage.

Make certain your tires are properly inflated.

Never mix radial tires with other tire types.

Keep your gas tank at least half full to avoid gas line freeze-up.

If possible, avoid using your parking brake in cold, rainy and snowy weather.

Do not use cruise control when driving on any slippery surface (wet, ice, sand).

Always look and steer where you want to go.

Use your seat belt every time you get into your vehicle.

As always, our firm hopes everyone handles this cold snap carefully and safely. For more information on the cold front, check out the NWS website at weather.gov or read the recent weather warning in full here.

The Wall Street Journal, in its editorial section yesterday, commended Judge Duval for finding the Army Corps of Engineers at fault for the flooding of areas of New Orleans. The editorial, entitled 'A win for New Orleans,' celebrates the win as an opportunity for those whose homes flooded to receiving financial settlements to make up for the inability of the Corps to develop and operate adequate water projects.

The lawsuit was brought by seven plaintiffs. Judge Duval ruled against the plaintiffs from New Orleans East but awarded $720,000 to those from St. Bernard and the Lower Ninth.

The judge's decision could lead to thousands of people joining class actions seeking billions of dollars in damages. Lawyers for the plaintiffs are calling on the federal government to offer a universal settlement with the people of New Orleans. The Obama administration and members of Congress should listen. While there are limits on how much people should expect -- the government is strapped for cash, after all -- it's difficult to see what purpose would be served by dragging this case through appeals all the way up to the Supreme Court. Unless the government has a persuasive defense for the negligence decried by Judge Duval, it would be better to settle now.

This is a good sign that the national press is following Gulf Coast issues closely and hopefully people get the results they are looking for in terms of more Corps attention and effort into improving the water systems. Any progress and attention to issues relating to New Orleans and its recovery, though, is positive and hopefully will help lead to those efforts that prevent the devastation of Katrina from occurring again.

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!

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.

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.

Per the Examiner, storms may finally reach the Gulf Coast.

A new system taking shape has a fairly high chance of becoming a depression, and possibly tropical storm, on either September 1 or 2, according to the National Hurricane Center. It is located east of Puerto Rico near the Lesser Antilles. The good news is this: the persistent trough over the east will likely steer this tropical cyclone away from the U.S. coast just as we saw with “Bill” and “Danny”. The system has a very low chance of affecting Texas based on expected steering winds.

National Hurricane Center

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.

Just a helpful reminder that buying a weather radio may be a good idea before it is a necessity. Various sites around the internet are selling them, as are businesses in areas around the Gulf Coast, and some decent deals might be something to jump on. One site, for instance, is selling a model for 50% off, only $18 + shipping. The model includes features such as

Receives all 7 NOAA Weather/Hazard Channels
Telescopic Antenna
Uses 4 “AA” Batteries (Not Included)
AM/FM Weather Band Radio Receiver
120V AC Adapter Included for Desktop Operation
Emergency Alert Siren
Handle For Easy Carrying
Earphone Jack

Just something to consider while things are quiet (and hopefully remain that way!)

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.

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.

The New York Times recently brought up a casualty of the economic climate facing many states: the cost/benefit analysis being made by states in regards to insurance against dangerous storms. Often extremely costly and unnecessary, this reinsurance looks to bolster defenses against disastrous natural calamities but, with budget cuts at a premium, states are beginning to count every dollar and looking to go without.

Public insurance programs in some coastal states are flirting with the notion of saving millions of dollars every year by shrinking or canceling the coverage they buy from private reinsurers -- the deep-pocketed companies that insure insurers whose exposure to loss exceeds the budgets of some nations.

States are the insurers in this case. And they are either tired of paying piles of cash for reinsurance policies that are rarely needed, or too broke financially to maintain coverage that has saved state residents from paying billions in hurricane damage claims. In the parlance of the insurance business, without coverage or a hedge against their expensive risks, they are "running naked."

Here's the bet: Save hundreds of millions with no disaster, or pay perhaps billions with one.

Two of the nation's biggest states are looking to gamble on the odds of a disaster-free summer:

Texas let its policy die at the end of May, less than a year after reinsurers paid $1.5 billion in claims related to Hurricane Ike. That's not a bad return on the state's investment. Texans paid $180 million for the policy.

Texas will buck this hurricane season with no reinsurance.

California is also looking to reduce its coverage.

Overall an unfortunate situation that will leave many state budget workers hoping they made the right decision, depending on what decision they make.

In something around 24 hours, 3 tropical storms have popped up according to the National Weather Service. While two (Ana and Bill) are still off into the Atlantic, Claudette hit Florida late last night.

Now is as good a time as any to prepare for any future storms that may come. You can check out our section on various storm and hurricane preparedness tips, available here, and make sure that your home preparation checklist is complete before the height of storm season gets here.

A quick blog posts for those residents of Florida who have been enjoying state-enabled discounts for storm-preparedness: get them while you can as they might not be around much longer.

"What we're giving them now is not right," Apopka State Representative Bryan Nelson (R) said.

Nelson is both a lawmaker and an insurance agent. He said those discounts need to be cut so inland homeowners can stop subsidizing premiums for coastal homeowners.

For example, the statewide average discount for fortifying your home is 13 percent. For coastal-area homes it's 50 percent -- a greater reward for protecting homes at greater risk of damage.

The discount, for those homeowners who had wind resistant shutters, fortified roofs, etc., was pushed upon insurance providers by the state to give homeowners some shelter from high premiums. However, some lawmakers believe it has gone too far.

During the next few months, lawmakers will review recommendations from insurance companies about how they may want to reduce or eliminate premium discounts especially for coastal homeowners. They'll vote on a measure in the spring and those changes would take affect in January 2011.

With State Farm increasing premiums and such, it will be interesting to see how the legislature handles this matter - and how policy-owners react.

The National Oceanic and Atmospheric Administration, a governmental agency focused on monitoring the ocean and atmosphere throughout the year, has released its 2009 figures for what it expects to see this hurricane season:

While this might not seem like much, it is a more positive outlook than we saw last year. In last year's predictions, there was a 65% prediction of more hurricanes than normal, as compared to 25% this year. As such, the Gulf Coast region may get a calm this season which would be a very welcome reality given the past decade and the amount of devastating storms that came through recently.

For tips on how to prepare for hurricane season, check out our section on hurricane and storm tips found here.

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.

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

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.

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.

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.