General Hurricane Dispute Information

NOAA retires deadly hurricane names

Published on: May 14, 2009 | By Berniard Law Firm

In a move set to memorialize and preserve the memory of the carnage and harm recent hurricanes have caused, the NOAA is retiring several notable storm names from active use in the upcoming hurricane season.

The names Gustav, Ike and Paloma will never be associated with future hurricanes or tropical storms on account of their deadly romp through the Caribbean last year, the United States National Oceanic and Atmospheric Administration (NOAA) has announced.

The storms claimed more than 200 lives and left a trail of destruction calculated in the billions across the region from August to November 2008.

Florida Insurance Bill Moving Forward

Published on: April 28, 2009 | By Berniard Law Firm

In looking to decrease its exposure, the Florida legislature has moved forward on legislation that will raise premiums on owners of state-backed Citizens Property Insurance policies. The Miami Herald reports:

Lawmakers approved the proposal (HB 1495) Thursday that would increase rates on a gradual basis for customers of the state-backed Citizens Property Insurance Corp. The policyholders would see premiums increased an average of 10 percent in the next several years to avoid a potential one-time increase of between 40 and 55 percent on Jan. 1.

The House vote could come Friday.

States Outside of Gulf Coast Eyeing Danger of Hurricanes

Published on: April 24, 2009 | By Berniard Law Firm

A Maryland based group recently studied the effects of a hurricane hitting the Northeast and found the results would be economically devastating. Using only a category 3 hurricane in their analysis (Gustav and Katrina were both 4’s), the group found that such a storm could cause upwards of $130 billion in insured residential losses.

There’s “definitely the potential for very large events (in the Northeast), but they’re fairly infrequent,” said David Smith, senior vice president of EQECAT, a risk management company in Oakland, Calif.

Some 250 insurance industry professionals, academics and others attended a Willis Research Network summit on Category 3 hurricanes in the Northeast at Princeton University on Thursday. And they heard talks on hurricane and climate science and hurricane, storm surge and flood risks in the Northeast.

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.

Insurance Companies Delaying Rebuilding Efforts

Published on: April 8, 2009 | By Berniard Law Firm

A recent article by Houston’s Chronicle highlights the delays being faced by Texas property owners in the wake of Hurricane Ike. Not surprisingly, almost all involve insurance company delays:

LIST OF COMPLAINTS

Top five reasons Texas homeowners have lodged Ike-related complaints against the Texas Windstorm Insurance Association, as of March 12, and the number of complaints.

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

A Good Sign for Texas Residents: More Funding Coming in for Recovery

Published on: March 12, 2009 | By Berniard Law Firm

In an article for the Star Telegram and the AP, more information is given on the increased HUD assistance coming through for Texas… to the tune of over a billion dollars:

The federal government is releasing $1.3 billion in federal housing assistance to 62 Texas counties help rebuild from the damage caused by three hurricanes in 2008, the top U.S. housing official announced Friday.

The money is to be spent on producing affordable rental housing, to rebuild critical infrastructure and to support economic revitalization, Housing and Urban Development Secretary Shaun Donovan said at a Houston news conference

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.

Property Insurance prices expected to Increase

Published on: March 4, 2009 | By Berniard Law Firm

Per WBRZ news, “Louisiana homeowners and businesses will see property insurance rates rise more this year than they have since 2006.” Business writer Ted Griggs cites the economic downfall facing the nation as the predominant reason for the increase, which could be anywhere from 3 to 10%.

[Insurance Commissioner Jim] Donelon said that with less coverage available, the law of supply and demand kicks in and prices rise.

Already, State Farm Fire & Casualty Co., the largest insurer in Louisiana, has asked to increase homeowners’ rates an average of 14 percent statewide. Farmers Insurance Exchange, the sixth-largest firm in the state, is seeking a 27.5 percent increase in homeowners’ rates and the institution of a 5 percent hurricane deductible. Louisiana Farm Bureau, the fifth-largest company, is seeking a 10.2 percent increase.