As a newly licensed agent years ago, I learned the definition of Insurance is “shared risk.” This was never more demonstrated than when Hurricane Rita hit in 2005. I remember that time like it happened yesterday. The stress of evacuating with a husband only weeks out of the hospital from having a defibrillator installed to keep his impaired heart working. Coming home to damages to my house, loss of food and electricity, no one to fully assess our loss (remember my husband couldn’t climb a ladder or anything). Thankfully when I called our insurance company at the time, and explained our situation, they sent someone out right away and we were treated very well. Then there was the delight of returning to work and having to hop from one desk to another because the office was inundated with claims agents. They worked long hours in the office and in the field, checkbook in hand, anxious to help our valued clients get through one of the biggest and meanest hurricanes to hit the Lake Area in nearly fifty years. At that time, I prayed I’d never have to work another catastrophic event as an insurance agent.
That’s one prayer that went unheeded and Hurricane Laura was more than déjà vu. For many, it’s been a total nightmare. Having clients get told things like, “this is a marathon, not a sprint,” by their so-called adjusters. Companies changing adjusters over and over until no one knows what in the world is going on. Checks being cut upon receipt of an invoice without verifying its authenticity and costing the insured thousands of dollars they can’t afford to miss out on. Folks getting roofs repaired or replaced only to be told the company won’t pay for damage to floors and walls because those were due to “flooding” which is absolutely ridiculous! And here we are, nearly 24 months after Hurricane Laura decimated our city and numerous families are still not in their homes or places of business in their facilities. Horror stories of claims denied, delayed, or outright refused by insurance companies or contractors walking out on a job half-done to follow another natural disaster because FEMA paid more that he’d make completing the job at hand are topics of many conversations with my friends and acquaintances. Seriously? Since when does money replace common decency or honoring your word? Oh, yeah. All. The. Time in today’s world. But that’s another story altogether. Passing billboards with attorney advertisements stating it’s not too late to file and knowing there is a statute of limitations on most insurance claims, made me want to clarify a few things for myself and hopefully for you, so I made a call to Attorney Missy Shaw-Brown at Baggett McCall Law Firm. “Louisiana Law gives homeowners a 2-year time frame to sue their insurance company for failure to timely and fairly pay their Hurricane Laura claims; therefore, it is not too late to seek legal counsel and fight any denial, delay, or underpayment.” Mrs. Shaw-Brown said. Although Louisiana Law allows up to 2 years to file a lawsuit, many insurance policies state one year. Which is another reason to seek legal advice if you feel your claim had been mishandled in any way. August 27, 2022 is the absolute last day to file suit for Hurricane Laura, and Mrs. Shaw-Brown went on to clarify whether your claim has been denied or delayed, that waiting until then is not at all prudent. “Timing is crucial to get a suit filed should you decide to go that route. Attorneys need adequate time to evaluate the entire claim and make sure everything the company asked for has been sent in and to determine the amount of damages their client is entitled to. They have to research everything (policy documents, photos and other documentation of the losses, emails and other correspondence between the client(s) and the company, etcetera.” You do not want to wait until the last minute and rush this process. When asked about attorney and other fees assessed on a suit involving an unresolved claim, Ms. Shaw-Brown insisted a client should never worry about that! There are 2 Louisiana statutes on the law books (§22:1892 and §22:1973) which give insurance companies plenty of time to fairly adjust your claim, and when a lawsuit is filed, the attorney is not just after the company to pay your claim, but “bad faith” damages as well which include attorney fees and penalties. We then discussed the case of contractors walking out on an existing job and she insisted if this were the case, the insured may have legal recourse against him or her for breach of contract. “Homeowners who feel they have been defrauded by a contractor should call an attorney and local law enforcement. We’re here to help,” Mrs. Shaw-Brown insisted. So, if you’re thinking it’s too late to seek an attorney and get fairly compensated for damages from any of the natural disasters of 2020/2021, rest assured, it is not. And, to reiterate what Baggett and McCall spokespersons are fond of saying… “Choose your lawyer carefully.” Do a bit of research before you let your fingers do the walking and pick an attorney who may not be the most qualified to handle a claim such as yours. As an agent we do not endorse filing a suit against your insurance company except as a last resort. This article is simply to provide you with information should you choose this option. Although we no longer represent home insurance companies, if we may be of service, please reach out to us. Tommy Curtis and Staff *Article previously published in Feb. 2022 issue of Lagniappe Magazine © 2022 Pamela S Thibodeaux ALL RIGHTS RESERVED Comments are closed.
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Tommy Curtis
Is an insurance agent with integrity and your best interest in mind. Call to speak directly to him. Contact us Phone: 337-433-1683 Address: 509 7th Street Lake Charles, LA 70601 Office Hours: M-F 9a - 5p (CST) Follow Us
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