General Hurricane Dispute Information

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.

FEMA flood risk maps for New Orleans

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

FEMA maps released this month indicate flood risks in the city of New Orleans at a block-by-block level of scrutiny. Downloadable here, the maps include the changes in flood risk after work done by the Army Corps of Engineers and detail what should be the status quo until 2011, when the Corps plans on completing levee improvements. The Louisiana Mapping Project, which features the maps and explanations of how they work, may be found online by clicking here.

In an article written about FEMA’s release, the mayor’s office mentioned caution in assuming any sort of freedom from risk based upon the maps:

“The thing to remember about these maps is that there are questions about their accuracy, ” said Maggie Merrill, director of policy for Mayor Ray Nagin. “We don’t want to create a false sense of security or of panic. And there will be substantial changes, and flood risk will be dramatically reduced for the city when the levees are complete.”

Recession Looks to Raise Policy Premiums

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

According to NOLA.com, where Katrina raised prices and handicapped policy holders with higher premiums, the national recession is continuing the trend.

In an article published today on NOLA.com, the specter of rising costs has many people facing the hard decision of paying more or cutting coverage.

Insurers can’t make the investment returns they’ve made in the stock market in recent years and they’re unable to raise new money from investors, so they can’t support as many policies on their books. Meanwhile, reinsurance rates have risen as companies try to buy more coverage and because 2008 was the second-worst year for disasters worldwide, costing the insurance industry more than $50 billion.

With few options for raising capital, insurers need to shed policies from their books and raise rates to make the numbers work.

In the event of a hurricane, this shortened coverage means that damage will no longer be reimbursed and families will face even worse hardships than they do today. With policy holders cutting coverage, though, agents may become more vague with what policies do and don’t cover. This is extremely problematic for individuals who are unfamiliar with insurance law and raises the importance of having a full understanding and conversation with your agent, as well as the assistance of an attorney if the worst happens and your claim is denied unreasonably.

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.

State Farm withdraws from Florida’s Property Insurance market

Published on: February 2, 2009 | By Berniard Law Firm

Per the Wall Street Journal, State Farm is dropping all of its homeowner policies in the state of Florida. Citing the difficulty of remaining stable in an area that has seen serious hurricane damage in the past decade, State Farm had as many as 700,000 homeowners policies as of September 30th.

One of the most important things to note is State Farm’s choice to withdraw came after Florida regulators refused to accept State Farm’s request to rase rated by 47%. This rate rise would have significantly helped the company’s profits in the wake of a series of hurricane seasons that have driven more people for coverage.

In the wake of this withdrawal, it is important for policy holders in the Gulf Coast to remain vigilant on their payments and not accept rate increases blindly. State Farm’s actions in Florida could easily occur in states like Texas and Louisiana where hurricanes Gustav and Ike caused millions of dollars of damage to policy holder’s homes and property. Care must be taken to use an insurance provider that is proven and tested by previous disasters or widespread damage in order to guarantee that your policy will be handled properly.

Mississippi Mayor pleads not guilty to Insurance scam

Published on: January 30, 2009 | By Berniard Law Firm

Gulfport’s mayor, Brent Warr, along with his wife, pled not guilty to a 16-count indictment charging the city head with seeking financial assistance in the form of a grant for a beachfront home they did not live in but merely owned. With the charges, the government is seeking $222,798 and accuses the pair of lying to their insurance company. The storm damages were linked to Hurricane Katrina, a storm in 2005 that devastated the Gulf Coast region and left thousands homeless.

The lesson? Don’t lie to your insurance company. Follow the letter of law with the assistance of an attorney to make sure your claim is on the up and up. Individuals who lie on their insurance claims cost policy owners money as premiums go up and insurance companies seek to justify their hard-nosed process of investigation and claim denial. By working with a legal and building expert, you can present the most comprehensive and honest claim to get you the money you’re owed.

For more information on Mr. Warr’s legal troubles, click here

Problems With Insurance Companies

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

In the wake of Hurricane Ike, residents of the Gulf Coast are beginning to piece together their lives and rebuild their property as they attempt to return to a sense of normalcy. While making claims for damages rendered by the storm, various difficulties will arise that Texas, Louisiana, and Mississippi residents must remain vigilant and observant for to prevent abuse and misconduct on the part of insurers.

When disasters like Ike occur, problems with insurance claims consistently pop up that relate to the following issues:

Improper adjusters
Forced/intentionally confusing settlement offers
Refused claims based upon no merit
Harassment
Grievously low estimates
Incorrect rebuilding figures
Bad faith efforts on the part of insurers
Frivolous litigation threats
Such actions can truly hinder and harm insured victims of storms that are merely looking for a way to return to what was once home. While federal protection agencies serve as a watchdog for these forms of fraud and misconduct, they often are incapable of handling every single instance. When this happens, it is essential for claimants to have proper representation to protect themselves from being bullied or mishandled by the insurance agencies.

If Allstate, State Farm or any of the other insurance companies in the Gulf Coast are giving you a hard time in your insurance claim, contact an attorney immediately.

Recent Litigation Shows Need for Monitoring Insurance Companies

Published on: January 13, 2009 | By Berniard Law Firm

On Wednesday, December 17, a federal judge dismissed a very important antitrust case dealing with Louisiana insurers for lack of evidence. Former Attorney General Charles Foti, on the behalf of New Orleans citizens and various attorneys throughout New Orleans, filed a lawsuit in November of 2007 alleging that antitrust laws were being broken by insurance companies in the Gulf Coast area. The case, heavily reliant on the events that took place after Hurricane Katrina, alleged that insurance agencies were working together to underpay claims to those who had suffered damage and made hurricane insurance claims. (Read more about the case here)

Central to the suit was an allegation that a particular claims-adjustment software was being used by companies named in the suit and that this software, with minor adjustments, worked to increase the company profits while, at the same time, limiting the financial compensation to be awarded to claimants. Though the case’s dismissal likely ends the issue, it is important to understand the principles involved in why it was brought against the various insurance agencies and what may be gleaned from the ruling.

First, the fact that any dominant software format is being used by various companies to figure out compensation should be a red flag for anyone who may be making a claim in the Gulf Coast area. As each claim is different, it is important for claimants to make sure that they receive the individualized and full attention from their insurance company on their damage report. Second, vigilance on the part of professionals and everyday property owners is essential to keep insurance agencies honest in their business practices. Finally, should a claim payout under compensate a property owner, supplemental payouts from the insurance company are possible should the amount be insufficient to make the necessary repairs.

If you feel that your claim has been denied unfairly or that your payout was insufficient for the repairs necessary to return your home to its pre-storm condition, proper legal representation is essential.

Happy New Year!

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

We hope that everyone had a restful and happy holiday season!

The Insurance Dispute Lawyer Blog will now resume regular posting to help you handle your insurance claims for natural disasters, everyday damages, claims resolution, provider disputes and all the various problems that happen to everyday people. Whether you live in Dallas, San Antonio, Lafayette or New Orleans, hopefully this blog will help you navigate the often confusing and difficult process of insurance claims and help you get the resolution you need and deserve.

Understanding Texas Home Insurance Plans (Form B)

Published on: November 23, 2008 | By Berniard Law Firm

Homeowner’s Insurance is a necessity for many Texas residents worried about the heavy winds that can come through the area and damage homes. Wind damage is a very specific claim under Homeowner’s Insurance that can be easily recorded and claimed in many cases. However, with Homeowner’s Form B insurance in Texas, not every claim is covered outside of a very specific list.

While Homeowners Insurance Form B is the most frequently sold Homeowners policy in Texas, the fact it provides coverage on an “all-risk” basis does not mean it covers everything. In fact, Form B Homeowners Insurance in Texas only covers the following:
fire and lightning, sudden and accidental damage from smoke, windstorm, hurricane and hail, explosion, aircrafts and vehicles, vandalism and malicious mischief, riot and civil commotion, collapse of building or any part of the building, accidental discharge, leakage or overflow of water or steam from within a plumbing, heating or air-conditioning system or household appliance, falling objects, freezing of household appliances and theft.
Very absent from this list is, of course, flood protection.

Homeowners Insurance is essential for the peace of mind Texas residents are looking for in the midst of adverse weather. Flood protection, though, is an additional insurance necessary should water cause damage without being the direct result of a home collapse or wind destruction.