Tag Archives: Louisiana

Insurance Department Guidance on Application of Named Storm / Hurricane Deductibles

Louisiana’s Department of Insurance, through its Commissioner, James J. Donelon, issued an Advisory Letter No. 2018-01 on June 18, 2018, to inform all property and casualty insurers how the separate named storm deductibles or hurricane deductibles are to be interpreted and applied to claims resulting from a subtropical storm named by the National Hurricane Center … Continue Reading

The Nuts and Bolts of Louisiana Statute of Limitations on Property Insurance Claims

Continuing with my nuts and bolts series on the statute of limitations, I’ve selected the boot of the Gulf Coast states, Louisiana. Louisiana has been hit hard in past years by the likes of Hurricanes Katrina, Rita, Ike, and other named wonders of weather. Due to the numerous claims made in recent years, Louisiana enacted … Continue Reading

Hurricane Issac Slowly Strikes

Hurricane Issac is slowly battering the Louisiana Coast and Mississippi Sound this morning. After initially making landfall at the mouth of the Mississippi River, it made a western jog back into the Gulf of Mexico. Then, it made a second landfall by Grand Isle.… Continue Reading

What Constitutes a Total Loss in Louisiana?

Continuing with the exploration of the definitions of “total loss” in different states, I turn this week to Louisiana. Unlike last week’s survey of limited Georgia case law on the issue, Louisiana has plenty. Given Louisiana’s propensity to be hit hard by major disasters, this is not surprising.… Continue Reading

Court Holds That Policyholders Are Entitled to Actual Cash Value Of Damages After Sale Of The Property

In a recent case, a Louisiana Court of Appeal decided, among other issues, what damages policyholders were entitled to in a Hurricane Katrina claim. That sounds like a typical scenario, however to add some spice to the mix, the policyholders had sold the property following the loss. The case is Jouve v. State Farm Fire … Continue Reading

Public Adjuster Helps Restore Historical New Orleans Landmark

Based out of Chicago since 1916, Carter J. Auslander and Associates is a licensed and credentialed public adjusting firm. This family owned business takes great pride in the four generations of claims processing skill and expertise. Mr. Carter J. Auslander began his work at Hoffberg, Spak & Associates in 1980. The firm later became known … Continue Reading

Public Adjusting Profession Praised in New Orleans

WDSU.com, News Channel 6 from New Orleans, recently reported the story of one policyholder in Louisiana who was assisted by a public insurance adjuster. The article, “Public Adjuster Can Help Insured Get Payments,” relayed the story of Mr. Henry Quintanila. Three rental units he owned were badly damaged by fire. The insurance company, which was … Continue Reading

Louisiana Citizens Property Insurance Loses Overhead & Profit Case

Louisiana Citizens Property Insurance Company has settled a state class action case, Press v. Louisiana Citizens Fair Plan Property Insurance Corp., for failing to fully pay overhead and profit to insureds. The proposed settlement, for $23 million, covers claims from Hurricanes Katrina and Rita.… Continue Reading

Gulf Coast Insurance Coverage Update

This morning I am in Dallas at the Windstorm Symposium. Steve Pate and I will be giving a presentation about the most significant property insurance cases from the states of Alabama, Mississippi, Lousiana and Texas over the past year.… Continue Reading

Oilpocalypse Now!

The estimates of oil escaping were far too low. At first it was, "we dodged a bullet." Then, it was 1,000 barrels a day. Then, 5,000. And now, 25,000 barrels a day are flowing from the ocean floor. The Wall Street Journal has been excellent in its reporting:… Continue Reading

BP Oil Spill Could Be Worse Than Any Hurricane Damage and Much More Widespread–Even the East Coast of Florida Could Be Impacted

I hate to make doomsday predictions, but there is a possibility that the BP Oil Spill could be worse than any hurricane or catastrophe that I have been involved with. I spent yesterday speaking with others about the current situation. Indeed, my father teaches those in the oil industry how to recover and react to … Continue Reading

Chinese Drywall Claims May Be Covered Under Homeowners Policy–Favorable Developments in Louisiana

First party insurance claims involving Chinese drywall have been given some hope from recent Louisiana trial court rulings. Two trial court rulings in Simon Finger and Rebecca Finger vs. Audubon Insurance Company, No. 09-8071 (Civil District Court for the Parish of Orleans, March 22, 2010), struck three affirmative defenses of the homeowners’ insurance company that … Continue Reading

When the Saints Go Marching In — Finally!!

September 1970 was a time of big personal change for me. We were living outside Washington, D.C. and my father had just received orders to the National Data Buoy Project at NASA’s Mississippi Test Facility, now known as the Stennis Space Center. My mother, who grew up in Philadelphia, Pennsylvania, was in tears wondering how her children … Continue Reading

Practical Points From Gulf Coast Case Law Update

Adjusters hate to listen to lawyers pontificate about case law. I know because of surveys we have done asking adjusters what they want to get out of presentations and how they best can learn. Instead, adjusters want lawyers that are making presentations to explain the practical implications of how they can better do their job.… Continue Reading

Insurance Agents and Policyholders Need to Communicate and Share Information to Get Coverage Right

A recent Louisiana decision, Isidore Newman School v. J. Everett Eaves Inc., No. 2008-1368, 2009 La. App LEXIS 1469 (La. App. 4 Cir., Aug 5, 2009), underscores the need for insurance agents and policyholders to fully discuss insurance needs when selecting types and amounts of coverage. Insurance agents generally have a duty to exercise reasonable … Continue Reading