When working on an insurance claim for damages incurred for any set of reasons, it is important for Louisiana citizens to remember that while the insurance companies might not respect them, the law does. Louisiana law includes various different provisions to prevent insurers from taking advantage of policy holders and it is important for people to know their rights.
Louisiana law mandates a good faith effort on the part of insurance companies to their policy holders. This includes adjusting claims fairly, promptly and to make a reasonable effort to make settlements with the claimant or insured. Insurance companies violate this law when they
1. Misrepresent policy provisions or facts relating to a holder’s coverage.
2. Take longer than 30 days to pay a settlement after a written agreement is met.
3. Attempt to settle or deny coverage to a claim that was modified without knowledge or consent by the insured.
4. Lie or mislead a claimant as to the prescriptive period of a claim.
5. Fail to pay any claim due to an insurance holder within 60 days after they receive a satisfactory proof of loss from the holder when failing to do so is arbitrary or without probable cause.
If an insurance company is held liable for any of these violations, a policy holder may be rewarded financial damages of significant value. This money is in addition to the settlement already made.
If you feel that your claim is not being properly handled by your insurance company and/or suspect them to have committed one of these acts, call the Berniard Law Firm at (504) 521-6000 for a free consultation.