General Hurricane Dispute Information

Understanding Texas Home Insurance Plans (Form A)

Published on: November 21, 2008 | By Berniard Law Firm

When getting Homeowners Insurance in the state of Texas, it is important to understand just what is, and is not, covered by these policies. While agents might be eager to assure you that any accident or damage can be quickly claimed under Homeowners Insurance policies, citizens in Texas found themselves out of luck in the wake of Hurricane Gustav. Instead of hoping that your protection is all you need it to, get informed about your policy.

Under Texas Law, there are two very specific types of Homeowners Insurance – Form A and Form B. With these types of policies, the exclusions to coverage are what is important to point out.
Under Form A Homeowners Insurance, the following incidences are covered:
fire and lightning, sudden and accidental damage from smoke, windstorm, hurricane and hail, explosion, aircraft and vehicles, vandalism and malicious mischief, riot and civil commotion, and theft. Form A does not, however, cover losses caused by a “flood,” surface water or the overflow of streams or lakes. This means that while your homeowner’s insurance would cover a plane crashing into your home, it will not cover any damages the Colorado River could cause if it overflowed.

Homeowner’s Form A insurance is a great policy to have for Texas residents hoping to protect their home from a Christmas fire or the torrents of hurricane wind. However, Form A, as noted, is not enough coverage to protect your home in the event of the very types of flooding that Texas saw during Hurricane Gustav.

How to Save Money on your Home Insurance Deductible

Published on: November 20, 2008 | By Berniard Law Firm

Saving money when buying home insurance is often essential for Louisiana residents looking for the best coverage for the most reasonable rate. The Gulf Coast’s recent struggle with hurricanes has made it even more evident just how important sound, proper insurance coverage is for resident’s homes. Hurricane Katrina’s damage was unfathomable to many and Hurricanes Ike and Gustav were even able to catch some Louisiana residents offguard. Coverage for storm damage is essential and there are several things you can do to save on your home’s monthly insurance payment.

Raising your deductible on your home’s insurance coverage is often a surefire way to lower monthly dues. Using one insurance provider for all of the various coverage aspects you are looking to get for your house is also a way to get appreciable savings. An exhaustive search of all of the various resources for insurance is an excellent way to make sure your price quote is the best available. Searching online and making phone calls to agents in your area could save you hundreds of dollars monthly. Protection systems like flood doors and alarms can also raise your property value and lower your premiums.

Protecting Yourself From Inadequate Insurance Coverage

Published on: November 18, 2008 | By Berniard Law Firm

When buying insurance, it is often hard for homeowners to know if they are buying too much or too little. When asking an agent, people expect and appreciate candor and honesty when it comes to know how much insurance is necessary to protect their home. This trust that is placed into an agent’s skill and honesty is one that must be respected by the agent but also inspected and checked by the client.

When getting an insurance plan, requesting a second opinion from another agent or insurance company is a safe way to not only guarantee that you are getting the best rate but also the coverage you need. It will also confirm or deny the claims of another agent regarding what best suits your needs. After Katrina and many other hurricanes and tropical storms, lawsuits come to the public’s attention where an agent assured their client that hurricane damage would be covered under the homeowner’s insurance in place. This, however, is often not the case and leaves the homeowner out to dry.

In the Louisiana case of Schwartz v. Chubb & Sons Inc., the courts dealt with a similar issue of when the time for filing suit against an insurance agent who commits such misdirection expires. The courts in this case held that many current laws may be extended when an agent’s misinformation regarding coverage is damaging to the home owner.

Whether in the process of purchasing insurance or simply checking the plan in place, it is important to not only document what the agent states regarding coverage but also read the language yourself. A homeowner would much rather be properly protected before something happens to their home rather than have to go to court to get the financial compensation they require.

Hurricane Katrina Fraud Can Happen Again

Published on: November 15, 2008 | By Berniard Law Firm

In November of 2007, the Louisiana State Attorney General levied a suit against insurance providers in the Gulf Coast related to Hurricane Katrina business practices. The charges, including antitrust, collusion and price fixing violations, dealt with a system of claim denials that looked to take advantage of the confusion natural disasters create. What’s more, such a suit proves that while the government is able to inspect a series of complaints and practices, each individual needs help to make sure they do not get lost in the masses.

The lawsuit, levied against six major insurance companies, including State Farm and All State, struck at the big business policies of intentionally going after those policy holders who stood up and demanded more when their claim was given an inadequate financial value. The lawsuit stated the insurance providers coerced their policyholders into settling their claims of damages for less than their value by editing engineering reports, by delaying payment and by forcing policyholders to litigate claims to receive full value.

Happening as recently as 2007, fraud on the part of insurance companies should be a real concern for any policy holder looking to make a claim on damage. While not every insurance provider is dishonest or difficult in the event of a claim, protecting yourself in the event that one does is a solid strategy to avoid problems in the future. Always make sure to have your claim and the insurance company’s offer inspected by a contractor to guarantee a settlement will give you the financial settlement you need and deserve.

A Hurricane Checklist To Make Sure You’re Prepared

Published on: November 8, 2008 | By Berniard Law Firm

The people of the Gulf Coast are well aware that hurricanes of all different intensities come and go through the region every summer. A Hurricane Checklist for anyone, whether you live in Houston, Galveston or Corpus Christi, Texas residents should have a list of things they do in the event of a hurricane.

One of those things involves having your insurance policy in duplicate, with one copy in a secure location and another in hand. With this preparation, delays in your policy claim can be prevented. Another thing to keep near in the event of a storm is a disposable camera. Just as car owners like to keep one in their glove compartment in the event of an accident, having a disposable camera to take immediate pictures of your damage can be another way to get your claim in as soon as possible.

A third thing to do to prepare for an insurance claim in the event of a natural disaster is to annually inspect your insurance coverage and even speak with an agent to review what damage you are and are not protected by. Such a review and conversation can help you know exactly what you are covered for and help you become more familiar with the language and/or agent involved with your insurance plan.

With talks that Gustav insured damage could total from $4 to $10 billion dollars, insurance claims from the state of Texas will be numerous and complicated. With Hurricanes Ike and Dolly also causing damage in the state, there are a lot of people reaching out to their insurance companies for their home damage.

Tips On Post-Hurricane Recovery in the Gulf Coast

Published on: November 7, 2008 | By Berniard Law Firm

The extreme damage incurred by the Galveston area is only now being comprehended over two months after Hurricane Ike. Recovery efforts are underway but the immediate steps to be undertaken in the event of damage to your home are crucial and need to be handled with care. If you live in the Gulf Coast area and have to deal with a damaging tropical storm or hurricane, whether you are in Corpus Christi or Lafayette, there are a series of things you must do in the aftermath. Here are some hurricane recovery tips:

In the event of a hurricane or extreme damage to your home, do not risk electrocution. Check electronic equipment for water damage and watch for damaged power lines. Open all of your home’s doors and windows to let air in and ventilate the area. Use bottled water and throw away any food and condiments that may have gone bad in the refrigerator if the power went out for an extended period of time.

When it comes to damage to your home and property, only make temporary fixes that will later be fixed using your insurance settlement. Doing so will allow the insurance company’s inspector to see the full extent of the damage and help you with your overall claim. After a storm, contact your insurance agent as soon as possible, photograph damage and keep all receipts and detailed records of your costs. FEMA assistance can be received by calling 1-800-621-FEMA (3362) or by going to www.FEMA.gov.

The Texas Department of Insurance’s Tips on Storm Recovery

Published on: November 6, 2008 | By Berniard Law Firm

The Texas Department of Insurance (TDI) has created a series of tips for homeowners in the state looking to make a claim after the recent series of storms in the Gulf. While each storm may lead to significantly different issues, there are several things the state recommends with any claim:

1. Develop an organized and itemized list of the property damaged and visually record the damage if it is possible. This will help speed the claims process.
2. Attempt to make appropriate temporary fixes and repairs so as to keep your property and home from any further harm from the elements. Make only temporary fixes until the insurance company’s claims adjusters can assess the damage. Record all expenses incurred by repairs through receipts and other means.
3. Be on the property or at home when the insurance company visits to assess the damages being claimed. Having a contractor available during the inspection or when you receive the adjuster’s claim is also encouraged.

Following these guidelines will help make sure that you are sufficiently prepared in the event of storm damage. If you have problems with your insurance company, call TDI’s Consumer Help Line toll-free at 1-800-252-3439.

Don’t Be Left Out To Dry On Wind vs. Flood Damage Disputes

Published on: November 4, 2008 | By Berniard Law Firm

Dealing with hurricane and other forms of severe weather damage can be a truly confusing and stressful time for homeowners. Figuring out the best contractor to fix the work, temporary fixes for the damage, however severe, and moving on with life are all dilemmas people have to deal with in the face of such disasters. What makes things worse, however, is when insurance companies make it difficult to make a claim.

One of the most common ways in which insurance companies deny claims for righteous hurricane or storm damage is blaming the damage on wind or flooding, depending on coverage. In numerous cases post-Katrina insurance companies like Allstate and State Farm denied a claim of wind damage relief because the true damage was caused by flooding. The courts, though, have found that any flooding that comes as a result of damage caused by wind is thereby covered under a wind damage claim. That is to say, for example, if wind damage caves in your roof, all of the rain and water damage that results from the broken roof is covered.

The courts have further held that concurrent causation clauses like State Farm’s are capable of being knocked down because of the close proximity of damages. The overriding principle for homeowners to keep in mind is that if they can prove the wind damaged something, coverage by the homeowners wind policy should cover the damage, even if the flood came through afterwards and destroyed the home. The difficulty comes in to cases such as this, though, in the expert testimony and the proof claimants must provide that the wind came first.

When dealing with your denied claim in which your insurance provider is denying coverage on the basis of wind vs. flood causation, it is important to have the experts necessary to prove your case. The Berniard Law Firm knows all of the best experts to refute the insurance company’s claims that the flood came first. Excellent legal council, coupled with the experts that can tell the court exactly why you deserve your claim, can be the difference between rebuilding your life with help or rebuilding from scratch.

The Impact of Katrina on Louisiana Insurance Policy Holders

Published on: October 31, 2008 | By Berniard Law Firm

In the wake of Hurricane Katrina, statistics emerged that put into perspective the burden and overall economic hit that the state of Louisiana took because of this horrific storm. According to the Louisiana Recovery Authority, nearly twice as many people from Louisiana were impacted than any of the other four states in Katrina, a storm that destroyed three times as many homes in Louisiana as any other state. Combined with the fact that ten times as many businesses were destroyed in Louisiana than in any other state and it is easy to see that the rebuilding effort by this state was truly an undertaking.

With all of the insurance claims and problems that resulted from Katrina, many home and property owners found extreme difficulty in getting the insurance company they deserved from their policy providers. People who had one day had a home found themselves the next day homeless and without the means to start over without the insurance money they were entitled to.

The Berniard Law Firm is proud to have been a big part of helping these people have their day in court and receive the money they deserved. Today, just a little more than three years after Katrina, Lousiana home owners are still finding themselves having difficulties with an assortment of claims against their insurance companies. And today, just like in 2005, the Berniard Law Firm is ready and willing to represent policy holders against the insurance companies to make sure that people get what they are entitled to.