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
On February 3rd FEMA Assistant Administrator David Maurstad issued WYO Bulletin W-17002, granting an additional 90-day extension for Louisiana policyholders to submit a complete, signed, and sworn proof of loss for their flood claims caused by the mid-summer storms commencing on August 9, through August 31, 2016.… Continue Reading
After attending the 16th Annual Windstorm Insurance Conference in New Orleans this past week along with many of my colleagues, I thought it appropriate to review the calculation of actual cash value in Louisiana.… Continue Reading
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 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
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
Property Casualty 360 posted a story by the Associated Press, describing the continuing saga of Louisiana Citizens Property Insurance Corporations’ Hurricane Rita and Katrina claims.… Continue Reading
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
Recently, I wrote about insurance agent’s duties in various states. This week, I will stay with the same topic, but move to another jurisdiction – Louisiana.… Continue Reading
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
A couple of weeks ago, the Louisiana Supreme Court addressed the issue of whether an insured can recover damages for mental anguish caused by an insurer’s breach of its statutory duty of good faith and fair dealing. Wegner v. Lafayette Insurance Company, Nos. 2010-C-0810, 2010-C-0811 (March 15, 2011)… Continue Reading
Civil Authority provisions normally provide coverage for business income losses when action to an insured premise is prohibited by a governmental action. This coverage is not easily triggered, as many elements must be met to obtain the oft elusive benefits.… Continue Reading
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 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
The United States Judicial Panel on Multidistrict Litigation issued a Transfer Order yesterday in which it consolidated economic, environmental and personal injury cases arising out of the Deepwater Horizon explosion and oil spill.… Continue Reading
The Preservation Hall Jazz Band, Lenny Kravitz, Mos Def, Trombone Shorty, and Tim Robbins recorded a version of The New Orleans Mardi Gras classic, It Ain’t My Fault, by Joseph Smokey Johnson and Wardell Joseph Quezergue, updating some of the lyrics for the Gulf Aid concert:… Continue Reading
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
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
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
A number of former and current clients have called our offices about the recent oil spill in the Gulf of Mexico. They have expressed fear about damages to their business and property, as well as actions that they can take take to protect themselves from the consequences of this disaster. We have already been retained … Continue Reading
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
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
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
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
