Louisiana Hurricane Insurance Claim FAQ
How long do I have to sue my insurer? Louisiana law does not allow a homeowners policy, or most other property policies, to give you less than 24 months from the date of the loss (La. R.S. 22:868(B)). Your policy may give more. Since June 9, 2026, a payment from the insurer does not extend the deadline (Act 876 of 2026); earlier payments may be treated differently. For a catastrophic loss, you must also give 60 days’ written notice before suing for penalties under the catastrophe statute.
How fast must my insurer pay? For most claims, within 30 days of satisfactory proof of loss. After a declared catastrophe, within 60 days for a home. Late payment leads to penalties only if a court finds the delay arbitrary or capricious. See Bad faith penalties.
Do I pay the hurricane deductible for every storm? Usually not. On covered homeowners policies, the hurricane deductible applies on a calendar-year basis. For a later storm, the insurer may apply the greater of the unused hurricane deductible or your deductible for other perils (La. R.S. 22:1337). See Wind and roof damage claims.
Does my homeowners policy cover flooding? Generally no. Flood needs a separate flood policy, usually NFIP, with its own strict deadlines. See Flood claims.
Why is my check less than the estimate? Usually depreciation and the deductible. On a replacement-cost policy, much of the depreciation is paid after repairs. See Depreciation and holdback.
Should I cash the insurer’s check? Usually yes, if it isn’t marked as a final settlement. Read anything you’re asked to sign. Don’t sign a release until you know the full cost of repairs.
Do I have to give a recorded statement? Your policy may require you to cooperate, including statements or an examination under oath. Ask what it requires first, and call a lawyer before an examination under oath.
My insurer went out of business. What now? Claims against insolvent insurers move to the Louisiana Insurance Guaranty Association (LIGA). LIGA may pay qualifying covered claims up to $500,000 per accident or occurrence, with a $101 minimum, and up to $10,000 per policy in unearned premium. A claim filed after the earlier of five years from the insurer’s liquidation order or the court’s final claims date isn’t covered. LIGA isn’t liable for bad-faith penalties the failed insurer would have owed (La. R.S. 22:2058, 22:2055).
Can you help if I live outside New Orleans? Yes. I handle claims across Louisiana and can meet by video, phone or at your property.
Can’t live in your home? Loss of use
Many homeowners policies include “Coverage D,” loss of use. What it pays depends on the policy:
- Additional living expenses (ALE): the necessary increase over your normal costs while you live somewhere else, such as hotel or rent, extra food costs, extra mileage, laundry and storage. Keep every receipt, and keep records of your normal monthly costs so you can show the increase.
- Fair rental value: some policies let you choose the fair rental value of the part of your principal residence where you lived, if a covered loss makes it unfit to live in. Other policies pay fair rental value only for property rented to others or held for rental.
Can I claim loss of use if I stayed with family instead of paying for a hotel? Check your policy’s Loss of Use coverage. Staying with family doesn’t automatically establish either benefit. The policy wording, the cause and extent of the damage, and your supporting evidence control. Louisiana courts have seen both kinds of policy wording (Dupree v. Lafayette Insurance Co., 51 So. 3d 673 (La. 2010); Weintraub v. State Farm Fire & Casualty Co., 996 So. 2d 1195 (La. App. 4 Cir. 2008)).
How do I claim fair rental value? Only if your policy provides it and you meet its conditions:
- Read the Loss of Use page of the policy in force on the storm date. See whether fair rental value covers the part of your home where you live, or only space rented to others or held for rent.
- Show a covered loss made the home unfit to live in. Storm damage alone isn’t enough if the policy’s covered-loss and habitability conditions aren’t met.
- Document the claim and its value: the policy provision, evidence of the covered damage and how long the home couldn’t be lived in, and support for a reasonable rental value. If the claim is for rental space, show it was rented or genuinely held for rent.
Policies often deduct expenses that stop while the home is unlivable and limit payment to the time reasonably needed to repair or relocate. Don’t claim both living expenses and fair rental value for the same loss without checking what your policy allows.
Payment usually runs for the time it should reasonably take to repair the home, up to the policy’s limits, and shouldn’t be cut off while repairs are delayed by the insurer’s own slow adjusting.
Some policies also provide limited coverage when a civil authority bars access to your home because of nearby damage from a covered peril, subject to the policy’s time and dollar limits.
Is mold covered?
Many homeowners policies exclude mold on its own but cover mold that results from a covered loss, such as rain through a wind-damaged roof, often up to a set dollar cap. Check your policy’s mold or “fungi” endorsement for the limit. Dry the house out as soon as it’s safe, photograph wet areas and growth with dates, and report the mold in writing as part of the hurricane claim. Mold from flood water falls under your flood policy.
I own a condo. Who pays?
Usually two policies are involved. The association’s master policy covers the roof, exterior and common areas. Your own unit-owner (HO-6) policy covers your belongings and extra living costs, and often interior finishes, depending on the master policy and your condo documents. If the association assesses owners for its hurricane deductible, loss-assessment coverage on your HO-6 may pay your share, up to its limit.
Have a question not answered here? 504-834-4000. Back to Louisiana Hurricane Insurance Claims