Insurance Dispute Lawyer Blog
Starting today and running through Friday, this blog will run through the emerging dangers coming up about Chinese drywall. Suddenly popping up on the news, this drywall is believed to emit gas that damages homes’ wiring and foundation while at the same time causing negative health effects to residents. With experts believing that tens of thousands of homes could have been built using Chinese drywall, and with health effects being reported within the state of Louisiana, it is important that people be aware. As thousands of homes were rebuilt or repaired in the wake of tropical storms and hurricanes in the Gulf Coast region, this drywall may become a huge problem for residents and getting out the information on this potentially dangerous material is a priority for us at the Berniard Law Firm. That the drywall may have been used everywhere across the country points out that individuals, whether in New Orleans, Huntsville or Boston, should get information immediately about the walls in their homes.
Another Win for Louisiana Residents
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
Property versus Disaster Insurance – A Brief Explanation
The San Francisco Gate features an article that helpfully and articulately describes the difference between property and disaster insurance. Embedded within the article are links to other articles that help outline the grey area that can often exist on the issue. While this blog has tried to explain this in the past, every article an insurance policyholder in the Gulf Coast can read on the topic is worthwhile as recent years have shown insurance nightmares can easily spring up.
An EXCERPT:
The key today, with so many options, is to first assess exactly what you need and then work with an insurance agent to figure out the best package: one that covers your most significant risks. It’s not an either/or scenario that you want, but a combination of policies that provides protection without duplicating coverage. It is common for business owners to fail to look closely at what is covered by their property insurance and buy another policy that covers many of the same risks. Conversely, many policyholders mistakenly assume disasters such as flooding are covered under one of their policies and don’t discover until they’re underwater that neither their property insurance nor their disaster insurance covers flooding.
Commissioner Reminds Citizens of Tax Rebate Opportunities
During an interview with WBRZ, Louisiana’s insurance chief reminded Gulf Coast residents about tax rebates available to citizens in the wake of Gustav and Ike.
Homeowners who suffered property damage from Hurricanes Gustav and Ike are eligible for two tax rebates and a tax deduction. Louisiana Insurance Commissioner Jim Donelon said property owners will receive a rebate if they were charged for a Louisiana Citizens assessment on their 2008 policies. Additionally, residents can claim damages in excess of $100 as a 2008 federal hurricane tax deduction.
The video of the interview can be found here.
Katrina Profile of Attorney Jeff Berniard Available Online
Recently available online is an article profiling attorney Jeff Berniard’s work in defending policyholder’s rights post-Katrina. The article, written by Lawyers USA, describes Mr. Berniard’s strategy and success in helping Louisiana homeowners receive the justice they deserve.
An excerpt:
New Orleans attorney Jeffrey Berniard was a refugee from the ravages of Hurricane Katrina last year when he realized that the monstrous storm could contain a silver lining for his practice.
A Good Sign for Texas Residents: More Funding Coming in for Recovery
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
Gulfport Mayor Facing Insurance Allegations Won’t Run for Re-election
Per the Insurance Journal:
Gulfport, Mississippi Mayor Brent Warr, who is under indictment on several counts of fraud, will not run for re-election.
Warr made the announcement this week in a videotaped message released by his office.
Hurricane Preparedness Video
Produced by the Sun-Sentinel, a hurricane preparation video with helpful tips is available to watch on YouTube. Press play below to learn more about how to prepare for adverse weather in the coming hurricane months.
Louisiana Courts Backing Residents Against Insurance Companies
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.
Storm preparedness tip: All-hazards alert radio
In the face of inclement weather, be it a tornado, hurricane, tropical storm, etc., it is important to be fully prepared and ready, as well as up-to-date with breaking news and forecasts. That is why an all-hazards alert radio is a great idea for families to keep in their basements in the event of bad weather.
Furthermore, the National Weather Service projects constant weather updates on a series of stations throughout the country.
NOAA Weather Radio All Hazards (NWR) is a nationwide network of radio stations broadcasting continuous weather information directly from the nearest National Weather Service office. NWR broadcasts official Weather Service warnings, watches, forecasts and other hazard information 24 hours a day, 7 days a week.