Insurance Dispute Lawyer Blog

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.”

Understanding Terms: Glossary

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

When going about shopping for the right policy or making sure your policy protects you in the ways you need, it is important to understand insurance terms used. In educating yourself about the legal jargon employed by the insurance companies, you can be better prepared to combat an unfair claim payment or prevent your policy from being hijacked by vague language.

Below, courtesy of the University of Illinois, is a wrap up of this blog’s glossary of insurance terms, ranging from the letter S to Z:

Screening. Physical examination and health history taken by an insurer before the applicant is given the policy applied for.

Governor Perry Urges FEMA Extend Aid Deadline

Published on: February 18, 2009 | By Berniard Law Firm

Texas Governor Rick Perry has requested that FEMA waive or extend the deadline for FEMA aid to those whose lives have been disrupted by Hurricane Ike. KFDM reports:

Gov. Rick Perry has requested the Federal Emergency Management Agency (FEMA) waive, or extend for 180 days, the deadline to file proof of loss requirements for flood insurance policyholders whose homes were damaged by Hurricane Ike.

Due to the severity and magnitude of the disaster, FEMA granted an extension of the 60-day proof of loss deadline for flood insurance policyholders. Currently, policyholders are required to file proof of loss by March 12, 2009. An extension would allow Texans the same amount of time to file their claims as was allowed following Hurricane Rita.

“With so many Texas homes suffering flood damage related to Hurricane Ike and so many families who have not yet been able to rebuild, a deadline of March 12 is unrealistic,” Gov. Perry said. “I urge FEMA to waive or extend the deadline so that Texans with flood insurance have adequate time to file their claims.”

This extension would allow for more preparation and recovery for those harmed by the storm and extends the government’s assistance for some time. Insurance companies also have deadlines for their response to homeowner’s claims. It is essential that you make sure your insurance company reaches their deadlines on your Hurricane Ike or other property damage claims.

Galveston’s Slow Return Back

Published on: February 17, 2009 | By Berniard Law Firm

A video making its rounds from CBS chronicles the rebuilding effort going on in Galveston in the wake of Hurricane Ike and is worth a look:

Understanding Terms: Glossary

Published on: February 16, 2009 | By Berniard Law Firm

When going about shopping for the right policy or making sure your policy protects you in the ways you need, it is important to understand insurance terms used. In educating yourself about the legal jargon employed by the insurance companies, you can be better prepared to combat an unfair claim payment or prevent your policy from being hijacked by vague language.

Below, courtesy of the University of Illinois, is a glossary of insurance terms, ranging from the letter O to R:

Optionally renewable. An insurance policy renewable at the discretion of the company.

Hurricane Ike FEMA deadline approaching

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

The Federal Emergency Management Agency’s fourth extension of time for individuals in Texas affected by Hurricane Ike created a new deadline of February 20th for claims to be made. This, in light of the fact 90% of applicants who have submitted applications as of late were considered ineligible by FEMA. Texas Governor Rick Perry requested the extension in order to give applicants more time to get their affairs in order and ask the state for assistance.

To apply, go to www.fema.gov or pick up a phone and call 1-800-621-3362.

Understanding Terms: Glossary

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

When going about shopping for the right policy or making sure your policy protects you in the ways you need, it is important to understand insurance terms used. In educating yourself about the legal jargon employed by the insurance companies, you can be better prepared to combat an unfair claim payment or prevent your policy from being hijacked by vague language.

Below, courtesy of the University of Illinois, is a glossary of insurance terms, ranging from the letter J to N:

Lapsed policy. A policy terminated for non-payment of premiums. Level premium life insurance. Life insurance for which the premium remains the same from year to year.

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.

Understanding Terms: Glossary

Published on: February 10, 2009 | By Berniard Law Firm

When going about shopping for the right policy or making sure your policy protects you in the ways you need, it is important to understand insurance terms used. In educating yourself about the legal jargon employed by the insurance companies, you can be better prepared to combat an unfair claim payment or prevent your policy from being hijacked by vague language.

Below, courtesy of the University of Illinois, is a glossary of insurance terms, ranging from the letter G to I:

Grace period. A period (usually 30 to 31 days) following the premium due date, during which an overdue premium may be paid without penalty. The policy remains in force throughout the period.

Thousands of Hurricane Ike Victims Still Without Resolved Claims

Published on: February 9, 2009 | By Berniard Law Firm

While 60 to 80 percent of damage claims have been settled as of December 10, as reported by MSNBC on January 26, thousands of Hurricane Ike victims still have not had their issues resolved. With more and more Texas residents waiting for a response from their insurer, litigation is beginning to be the only option as insurance companies drag their feet to make payouts.

As Texas Insurance Code has time requirements in which residents are guaranteed prompt action from the insurance company, specific legal ramifications exist to compensate the insured when the policy provider fails to assist in a timely manner. The Texas Department of Insurance is looking into mediation programs that mirror those in Florida, Mississippi and Louisiana as a manner of third party resolution. However nothing is certain at this time.

What is certain, however, is that Hurricane Ike victims need assistance and need it now. Insurance companies often stall or delay claim proceedings in order to make policy holders feel “grateful” when the payment finally does arrive. This payment, though, oftentimes is inadequate and not the compensation they deserve. By having an attorney look into their claim and the process it has taken up to this moment, those individuals that were affected by Hurricane Ike can be ahead of the curve if or when litigation is necessary.