Hurricane Insurance Verdicts

Louisiana Residents With Personal Injury Questions

Published on: April 18, 2010 | By Berniard Law Firm

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.

2008 Hurricane claims continue to end up in Gulf Coast courts

Published on: November 5, 2009 | By Berniard Law Firm

Hurricane insurance claims continue to be filed in the Gulf Coast, this time in Texas. The Southeast Texas Record reports a wide assortment of filings over the last week of October. Examples include:

Joseph and Julia Crow of Beaumont allege Texas Windstorm Insurance Association denied their claim for roof, water, wind, foundation, structural and contents damages caused to their home after Hurricane Ike struck on Sept. 13, 2008. TWIA denied the claim after its Vice President of Claims Reggie Warren assigned adjusters to investigate.

June Jennings of 1908 North 21st St. in Nederland alleges Texas Windstorm Insurance Association improperly paid her claim for dwelling and contents damages caused to her home after Hurricane Ike struck on Sept. 13, 2008.

Timeline anew for Katrina lawsuits

Published on: July 3, 2009 | By Berniard Law Firm

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.

Speculation on how to save the insurance industry

Published on: June 27, 2009 | By Berniard Law Firm

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.

Texas Resident Loses Appeal While Representing Self

Published on: April 17, 2009 | By Berniard Law Firm

In the midst of Hurricane Rita judgements and appeals, the Southeast Texas record recently profiled a woman who, albeit bravely, chose to represent herself in her appeal against her insurance company and paid the price. Mary Harmon, who felt her insurers, National Lloyds and the Kenneth Denby Insurance Agency, acted in bad faith when they denied her claim, went through the primary steps by herself but then chose to go it alone.

A year after filing an appeal over her Hurricane Rita insurance lawsuit, Mary Harmon had never filed a brief, leading justices on Texas’ Ninth Court of Appeals to dismiss her case.

In August 2006, Harmon filed a suit against National Lloyds Insurance and the Kenneth Denby Insurance Agency in Jefferson County District Court, alleging the two insurers stiffed her on her Hurricane Rita policy claim.

Breaking News: Katrina claims may be reopened as deadline extended

Published on: April 7, 2009 | By Berniard Law Firm

In an extremely important ruling made by the Louisiana Supreme Court, citizens of Louisiana have an extended time period to press litigation against insurers for Katrina-related delays or judgements relating to storm damage and insurance company actions:

Louisiana Citizens Property Insurance Corp. and other insurers may face a new round of lawsuits related to Hurricane Katrina even though the deadline for filing expired a year and a half ago.

The Louisiana Supreme Court declined late last week to hear an appeal in the case of Brenda Pitts v. Louisiana Citizens, thereby allowing a lower court decision favorable to policyholders to stand.

Another Win for Louisiana Residents

Published on: March 20, 2009 | By Berniard Law Firm

With the class approved, a judge in Orleans Parish awarded residents of Louisiana $1,000 each from Louisiana Citizens Property Insurance for how they handled claims after Hurricane Katrina. The Berniard Law Firm’s founder, Jeff Berniard, was part of the litigation and continued his record of helping residents get the justice they deserve when insurance companies act in bad faith of the law.

Judge approves Citizens class action settlement in Orleans Parish

by Rebecca Mowbray, The Times-Picayune

Louisiana Courts Backing Residents Against Insurance Companies

Published on: March 9, 2009 | By Berniard Law Firm

In yesterday’s Times-Picayune, reporter Rebecca Mowbray details a string of rulings by the Louisiana courts in favors of residents against the insurers.

After siding with insurance companies in early rulings after Hurricane Katrina, the 5th U.S. Circuit Court of Appeal has suddenly cranked out a stream of policyholder-friendly rulings in hurricane cases.

In recent weeks, the region’s federal appellate court has affirmed an award in favor of a homeowner, overturned a decision in favor of an insurer, said that homeowners can collect mental anguish damages when insurers don’t pay, and revived a whistle-blower lawsuit alleging that insurers ripped off the government in paying flood claims.

The apparent change of heart has left many giddy plaintiff attorneys wondering whether the Texas judges involved in the favorable decisions have been moved by the experience of Hurricane Ike slamming their home state.

While it’s a bit pessimistic to believe that justice only comes with life experience, it is very good to see the courts supporting policy holders when the insurance companies hold out. There are a series of expectations the state has for insurance companies, including deadlines, good faith compensation offers, etc. Many of these expectations are inflexible and can lead to a successful lawsuit against the insurer.

South Florida Homeowners Challenge Insurance Giant and Win

Published on: February 26, 2009 | By Berniard Law Firm

As reported by WTJV, a South Florida condominium company was awarded nearly $30 million in damages and attorney fees after taking insurance agency QBE to court.

The verdict was of concern to Buckley Towers families whose damaged homes are in the middle of a condemnation proceeding by Miami-Dade County’s Unsafe Structures Board.

The briefing provided information to families and other condominium, property and co-operative associations who may feel intimidated by their insurance company or may be questioning whether their insurance claims were properly adjusted.

Couple underpaid by insurer after Katrina receive additional $500,000

Published on: February 5, 2009 | By Berniard Law Firm

When James and Gladys Kemp Lisanby felt they did not receive the proper amount they deserved from their insurance company after Hurricane Katrina severely damaged their home, they did what many Gulf Coast residents are unfortunately too scared or unsure to do: they got a lawyer. And they won.

After receiving over $900,000 in 2008 for their suit of policy limits for their losses and punitive damages as a result of deliberate underpayment, the Lisanbys received an additional $500,000 in January of 2009, bringing their total awardance to over $1.4 million. The additional $500,000 was awarded to compensate legal costs and case fees. The Mississippi couple successfully sued their insurance company, United States Automobile Association, after USAA paid the Lisanbys approximately $45,000 for damage done to the structure and property located on the second floor.

The important message sent by the Mississippi courts is simple: the law will help defend Gulf Coast residents when they are hit by underpaying insurance companies. Various cases similar to the Lisanbys’ have gone through Louisiana and Texas courts.