Insurance Company Delays

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.

NYT 9/11 Report Shows Lawsuits Can Help Get More Compensation.

Published on: April 15, 2009 | By Berniard Law Firm

Per The New York Times, “After the 9/11 terror attacks, thousands of people faced a weighty and uncomfortable decision. Congress had created a special fund to compensate survivors and victims’ families, but said that those who received compensation from it could not sue airlines or airport security firms, among other entities.”

While many families who lost a loved on in the attacks “sought compensation from the fund” a “new court report suggests that the small minority who went their own way and sued made out better financially: 93 of the 96 claims have been settled, for an average of $5 million, or more than twice the average payment from the special fund.”

This correlation can be found now in settlement struggles between people still fighting with their insurance companies with Ike and Gustav hurricane claims who did it without legal assistance. Insurance companies very often “lowball” or under-appreciate the value of homes and property damaged in incidences. With legal assistance, experts and courtroom litigants, individuals run a much better chance of receiving higher compensation. While, in this case, it was the government pressuring settlement, insurance companies have a proven trackrecord of manipulating and exerting pressure on their clients to accept their offers rather than pursue legal assistance. However, in the event your property or home is damaged under insured events, seek a legal expert who can get you the financial settlement you deserve.

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.

Deadline for FEMA assistance for home elevation extended

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

Per The Times-Picayune, FEMA has delayed the deadline to 2012 for collecting insurance money designated for the elevation and protection of homes in Louisiana:

Because of the slow flow of other federal money, such as Road Home grants, FEMA had already pushed back the deadline for home-raising work under the National Flood Insurance Program’s Increased Cost of Compliance provision.

Typically, to collect up to $30,000 in so-called ICC money to cover the costs of protecting their property from future storms, rebuilding homeowners have two years from the date that their property is declared “substantially damaged” to complete the relevant work. FEMA had already extended that to four years.

Hurricane Rita cases yet to reach trial

Published on: February 11, 2009 | By Berniard Law Firm

As the 2009 hurricane season looms, insurance companies continue to delay and prolong their payouts from 2008’s storms and stall trials. Cases based upon Hurricane Rita STILL have not begun to work their way through the Jefferson County, Texas, courts.

Another Hurricane Rita insurance trial gets nixed
By David Yates
In four years, three hurricanes have whipped through the Golden Triangle area, leading to thousands of lawsuits by property owners who claim they were short changed by their insurance companies.

However, not one of those filings has made it to trial yet.

A case over a homeowner’s insurance claim for damages from 2005’s Hurricane Rita case was set to go to trial on Feb. 3, but was nixed before summoned jurors could step foot in court.

The trial of David Scott vs. Braud, Vaughn & Williamson Insurance Agency et al has been reset for April 17.

Scott sued the insurance provider, along with one of its agents, in November 2006, for allegedly failing to secure a policy on his Nederland rental property.

More of the article may be read here but it is very apparent the insurance companies have zero incentive to make it easy on their policy holders to make a claim and instead work the system to limit the amount they pay out. Because of this, it is all the more important to be on top of your claims and maintain your end of the policy deal so that, in the event of a storm, your claim may be made immediately and, should the insurance company pull any games, you are ready and fully equipped to proceed with litigation.

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.