Insurance Dispute Lawyer Blog

Houston boasts new Hurricane center

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

On the campus of the University of Houston, a new storm preparation center will work to educate students and area locals on the effects and dangers of hurricanes while developing technology to predict and innovate protection against such storms. Justin Horne of KIAH reports

The Texas Hurricane Center for innovative technology was developed last year at the University of Houston. The center was created with ideas, in mind, to combat the effects of hurricane season. And now researchers are ready to make these ideas a reality.

Dr. Vipulanandan, a civil engineering professor at the University of Houston, has been working with his engineering students to develop this technology.

Speculation on how to save the insurance industry

Published on: June 27, 2009 | By Berniard Law Firm

The recent events in Florida and the exit of various insurance companies from areas surrounding the Gulf Coast have raised a lot of speculation on how to preserve competition within these states while at the same time not forcing the government’s hand to bail out in the event of a disaster. About a month ago The Florida Times-Union wrote on this topic and how drastic the decisions may be to keep a level playing field for residents.

Florida’s property insurance system is a ticking time bomb, one that could wreak havoc on the state’s economy when – that’s when, not if – the next hurricanes hit.

This is because the state-run catastrophic fund, which shares property insurance risks with companies that sell policies here, is egregiously underfunded.

Making yourself familiar with your insurance policy and coverage

Published on: June 26, 2009 | By Berniard Law Firm

With hurricane season in full swing, it is important for home and property owners to be fully aware and clear about their insurance and coverage, or lack thereof, that it provides. Whether living in a flood plain or tucked safely in a non-flooding area, residents of the Gulf Coast can be affected all the same by a hurricane by the list of dangers such as wind or rain damage. Going through your policy and making sure the proper cover necessary to properly rebuild in the event of storm damage is there will help prevent nasty surprises should the unthinkable happen and serious destruction befalls you.

Tim Engstrom from Southwest Florida’s News-Press has more

Most homeowners – especially those outside high-hazard coastal zones – can find coverage, but it is likely to be with a newer, less-familiar company, said Randy Duncan, an agent with the Insurance Depot of Lee County in Cape Coral.

Chinese drywall problems continue to build

Published on: June 25, 2009 | By Berniard Law Firm

As Chinese drywall lawsuits develop and people continue to struggle with the hidden dangers within their walls, developments continue to mount that are relevant for anyone facing these issues. Tampa Bay Online has done a good job summarizing the issues facing homeowners across the United States in regards to Chinese drywall and its corrosive capacity to harm the health and property of homeowners.

The Florida Department of Health has received more than 450 complaints from homeowners. Several federal agencies, including the U.S. Consumer Product Safety Commission, are investigating.

The drywall was used in as many as 100,000 homes across the nation during the housing boom and emits a corrosive gas that damages appliances, gives off a rotten-egg stench and may cause health problems.

Galveston rebuilding as 2009 Hurricane season begins

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

The Associate Press reported earlier this month on recovery and rebuilding efforts going on in the city of Galveston as residents try to move past Hurricane Ike and into the new future of the town. Facing its first hurricane season since Ike, the residents emotions fluctuate as they try to bring their city back from the brink of complete destruction the hurricane season brought upon it last year.

Another hurricane season is the last thing Galveston wants to think about after last year’s devastation from Hurricane Ike.

“Hurricane season got here a lot quicker than I thought it would. I’m still busy working on my own house, trying to get back in there,” said Steve LeBlanc, manager of the island city 50 miles southeast of Houston. “But we are busy getting prepared for another season.”

Chinese drywall seminar coming to New Orleans in July

Published on: June 23, 2009 | By Berniard Law Firm

A seminar dealing with the Chinese drywall fiasco going on across the Gulf Coast will be held July 31, 2009, in New Orleans, LA. Feating a host of speakers dealing with a wide assortment of issues relating to the Chinese drywall issue, the conference is billed as “a practical, one-day seminar for attorneys, engineers, architects and contractors” looking to explain health effects property damage, exploring claims and litigatory issues, demonstrating strategies for the matter and discussing the various complexities of the cases.

The Berniard Law Firm’s own Jeffrey Berniard will present on the matter of “Exploring Potential Liability for Damages Caused by Chinese Drywall Problems” with fellow attorney Scott Wolfe of the Wolfe Law Group. The lecture will cover matters relating to what parties are facing potential liability exposure, theories of recovery for construction defects, defenses and crossclaims and damages.

As part of the seminar, various different learning credits are available for participating professionals as part of continued learning education requirements. This includes 5.0 approved CLE hours for attorneys from the states of Louisiana, Alabama, Mississippi and Texas.

Innovative bill in South Carolina aids coastal residents with insurance policies

Published on: June 22, 2009 | By Berniard Law Firm

In an article by Kristy Eppley Rupon of The State regarding insurance policies along the Eastern coast, a new act by South Carolina’s government has helped quell fears of insurance company lockouts and helped residents secure policies where they may not have otherwise. The legislative act shows there may be some innovation in the Gulf Coast region to keep insurers from leaving like they have threatened to, or have, in other states.

Insurers started dropping policies in late 2006, after Hurricanes Katrina and Rita devastated the Gulf Coast. They were worried about surviving another catastrophic hit.

That put many coastal homeowners in a bind and left state governments scrambling to come up with a solution.

MDL Panel to rule on Cox class action suit

Published on: June 21, 2009 | By Berniard Law Firm

As we posted about earlier, 21 cases have been filed against Cox et. al. as of this date. With there being so many plaintiffs, it can be difficult to decide which court will hear the case, let alone in what state the case will be tried in. This is the situation currently being handled in the class action lawsuit the Berniard Law Firm, along with co-counsel, has filed with Cox.

With 21 plaintiffs, a wide variety of jurisdictions are covered and opens up the issue of multidistrict litigation. Multidistrict litigation, or MDL, involves a party to a lawsuit appealing to a panel to decide which jurisdiction will be used for each stage of the suit, from pre-trial proceedings and then the return to an original court of acceptable jurisdiction. The panel involved with a MDL issue decides the transfer of the case to a specific court but does not supervise any of the litigation thereafter. Plaintiffs in the class action lawsuit against Cox live in Georgia, Louisiana, Arizona, Oklahoma, Florida and California.

Because the plaintiffs live in different states and Cox is subject to multiple jurisdictions, there is currently a dispute about which court the case will be held in. The defendant Cox filed with the Judicial District Panel of Multidistrict Litigation (MDL Panel) a pleading so as to have all of these cases coordinated in one court. Cox would like the panel to refer the case to the Middle District of Georgia while Berniard and co-counsel want it to be heard in the Eastern District of Louisiana. Further, some attorneys want the case to be held in Oklahoma.

Members of Congress petition IRS for tax relief for Chinese drywall homeowners

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

As a show of solidarity with constituents and Gulf Coast residents regarding the Chinese drywall debacle, several members of Congress have stepped up to the plate and petitioned the IRS to buffer the tax expenses of those individuals who have suffered from the faulty wallboard. The effort is a practical step forward to make a very real difference in the lives of those affected while lawsuit matters and legislative measures can take months, if not years, to create change.

Aaron Kessler of the Herald Tribune reports

Three U.S. senators, including Florida Democrat Bill Nelson, and a U.S. congressman have written to the Internal Revenue Service asking that costs incurred by homeowners who have fallen victim to Chinese drywall should be deductible for federal tax purposes.

Louisiana receives an F for insurance coverage

Published on: June 19, 2009 | By Berniard Law Firm

According to a report released this week, insurance policy holders in Florida and Louisiana, among other states, are paying some of the highest rates for homeowners policies that are vastly overrated. While states like Utah and Idaho have residents who are receiving a great value for their policies, this illustrates yet again a theme of insurance prices in the Gulf Coast being out of control.

The Times-Picayune reports

Louisiana is one of six states receiving an “F” on a newly released report card ranking states’ insurance climates.