Louisiana Homeowners Insurance Lawyer | BEST Homeowners' Insurance Claim Attorney
How a New Orleans Homeowners Insurance Lawyer Can Help
Insurance policies are contracts, and the policy agreement specifies the terms that each party is bound to abide by. When you pay the premiums, you buy a promise from the insurer to cover losses that the insurance contract covers. In addition to the express terms of the contract, every insurance policy has an “implied covenant of good faith and fair dealing.” Essentially, this means that the insurance company is legally required to handle your claim in a fair and reasonable manner.Contact a Louisiana Homeowners’ Insurance Lawyer Today
At Lavis Law, Lavis Law Firm has extensive experience representing homeowners whose insurance companies have let them down. Since 1995, Lavis Law Firm has helped clients with all types of homeowners’ insurance disputes including claims arising from Tropical Storm Cindy and Hurricanes Katrina, Rita, Ike, Isaac, Laura, Delta and Ida as well as theft and fire damage insurance claims.
There are six types of homeowners coverage:
- Basic Form– provides insurance for your home and personal property like furniture, carpeting, and personal belongings. It covers risks like fire, lightning, removal of property endangered by peril, windstorm or hail, vandalism or malicious mischief, theft, damage from vehicles and aircraft, explosion, riot or civil commotion, and glass breakage.
- Broad Form– in addition to providing what is covered in Basic Form, Broad Form also insures against building collapse, freezing of or accidental discharge of water or steam from within the plumbing, heating/air conditioning systems, domestic appliances, falling objects, weight of ice, snow or sleet, and rupture or bursting of hot water heating systems.
- Special Form– protects your home against “all risks” except for certain exclusions, like floods and earthquakes. The policy also covers other structures (like a garage) and all perils covered by the Broad Form as well as damage to or loss of personal property.
- Tenant Broad Form– provides coverage for personal property only.
- Comprehensive Form– insures the dwelling and personal property against all risks with some exceptions such as floods and earthquakes.
- Special Condominium Form – provides coverage found in Tenant Form but also provides the protection needed by owners of condo units. It insures the interior of the dwelling but not the structure itself.
What to do after a loss?
File a claim- read your policy to determine what you need to do to file a claim and to comply with the terms of the agreement. Also, keep detailed notes of who you speak with from your insurance company and what they say. Keep a copy of all documents and emails. You may have to submit a proof of loss form. Our insurance dispute lawyer can help get you back on track.
What is the difference between Actual Cash Value and Replacement Cost?
Louisiana Homeowners Insurance Hail Claim Information
The effects of hail are not always obvious to the casual observer. In extreme cases, hail can destroy structures, break windows, and leave behind unmistakable wreckage. When a hail storm is not so clearly destructive, however, it can damage buildings in such a way that homeowners may not see the need for repairs. Roof damage that results from hail is especially hazardous because it can cause leaks, structural problems, depreciate a home’s value, and it may not appear serious. Photographs of roofs after a hail storm illustrate how shingles, after being peppered with hail, sometimes show nothing more than small circular dents or marks. A homeowner may not notice this damage or assume that it does not warrant further inspection.
Homeowner’s insurance policies in Louisiana do not always include hail damage, which is usually a subsidiary of “wind damage” in policies. If this is the case, such coverage can be purchased separately at extra cost. The costliness of this extra insurance may be exacerbated by insurance companies’ treatment of hail damage claims. In Louisiana, deductibles may be percentage-based rather than a flat rate, corresponding to the home’s value and, more often than not, burdening the homeowner with a more substantial out of pocket deductible.
The type of roof is another factor regarding hail damage. Fiberglass shingles are definitively less expensive than many other types of roofing and are relatively simple to repair or replace. At the opposite end of the financial spectrum, terra cotta and slate roofs can be costly if they are damaged. Terra cotta is high in cost, limited in availability, and requires more skill to install or repair the material. Typically, if one shingle on an asbestos slate roof is cracked by hail, the insurance company must pay for the entire roof. A comparable shingle of like kind and quality might be a slate composite shingle like Lamarite. The cost of terra cotta and slate is often double, triple, or even quadruple the cost of a shingle roof.
Insurance companies in Louisiana do not overlook this discrepancy in cost. If your more expensive roof is damaged by hail, an adjustor may suggest that vinyl or fiberglass shingles are your only option for replacement. Such a situation is far more cost-effective for insurance companies, but for the homeowner who is already saddled with a hefty deductible, the prospect of downgrading (and potentially decreasing his home’s value with the roofing change) should not be entertained.
If a claim is made, and the insurance company insists upon a reduction in roofing quality, homeowners should pursue further negotiations with their insurance company’s adjuster. If all else fails, you may want to speak with your Louisiana insurance lawyer.
Additional Resources:
Storms Bring Hail To Northwest Louisiana (Shreveport Times)
Some Louisiana Coastal Policies May Exclude Wind & Hail- Storm Advice For Louisiana Insurance Consumers
Percentage Based Home Insurance Deductibles
State of Louisiana Consumer’s Guide To Homeowners Insurance
Frequently Asked Questions About Hail
Why Homeowners Insurance Claims Are Denied
Insurance companies deny homeowners’ claims more often than most policyholders realize. If your Louisiana homeowners insurance claim has been denied, understanding the reason is the first step toward fighting back. At Lavis Law Firm, we have seen insurance companies use all of the following reasons to deny valid claims.
Wear and Tear
One of the most common reasons insurers deny homeowners’ claims is by attributing damage to normal wear and tear. Insurance policies cover sudden and accidental damage, not gradual deterioration over time. If your roof has aged shingles or your HVAC system breaks down from years of use, the insurance company may argue that the damage is the result of wear and tear rather than a covered peril. However, insurers frequently misuse this exclusion to deny claims that should be paid. A Louisiana homeowners insurance lawyer can help challenge improper wear and tear denials.
Pre-Existing Damage
Insurance companies sometimes deny claims by arguing that the damage existed before your current policy took effect. This is a serious allegation that can be very difficult to disprove without expert help. Adjusters may use old inspection reports or photographs to support this position. If your insurer says your damage is pre-existing, you need an experienced homeowners insurance attorney to review the evidence and push back on their denial.
Late Notice
Your homeowners’ insurance policy requires you to report damage promptly. If you delay in notifying your insurer after a loss, the insurance company may use that delay as grounds to deny your claim entirely. While some delays are understandable — especially after a major storm or disaster — insurers can be quick to invoke late notice provisions. If your claim was denied because of late notice, contact Lavis Law Firm to discuss your options.
Failure to Cooperate
Homeowners’ insurance policies require policyholders to cooperate with the insurance company’s investigation. This includes submitting to examinations under oath, providing requested documents, and allowing inspections of the damaged property. If an insurer believes you have failed to cooperate, they may deny your claim. However, insurance companies sometimes make unreasonable demands and then use non-compliance as a pretext for denial. An attorney can help ensure your rights are protected throughout this process.
Coverage Exclusions
Every homeowners’ insurance policy contains exclusions — types of damage or losses that are specifically not covered. Common exclusions include flooding, earthquake damage, intentional acts, and certain types of water damage. If your insurer denies your claim based on a policy exclusion, it is important to have an attorney review the policy language carefully. Insurance companies do not always apply exclusions correctly, and there may be arguments that your loss is actually covered. Contact Lavis Law Firm to have your denial letter and policy reviewed at no cost.
Common Louisiana Homeowners Claim Disputes
Louisiana homeowners face unique challenges when filing insurance claims. From hurricane damage to roof claims, disputes with insurance companies are unfortunately common throughout the state. Here are the most frequent types of homeowners insurance disputes we handle at Lavis Law Firm.
Roof Claims
Roof damage is one of the most frequently disputed types of homeowners insurance claims in Louisiana. After a storm, insurance adjusters often try to minimize the scope of roof damage, attribute it to wear and tear, or argue that only a portion of the roof needs to be replaced. If your insurer is refusing to pay for a full roof replacement after storm damage, a Louisiana homeowners insurance lawyer can help you fight for what you are owed.
Water Damage
Water damage claims are another common source of dispute. Insurance companies often argue that water damage resulted from a gradual leak (which may not be covered) rather than a sudden and accidental event (which typically is covered). They may also deny water damage claims by pointing to flooding exclusions. The distinction between covered water damage and excluded flood damage can be complicated, and an experienced attorney can help you navigate these issues.
Fire Damage
While fire damage is generally covered by homeowners’ insurance policies, insurance companies may dispute the cause of the fire, the extent of the damage, or the value of destroyed property. They may also attempt to deny coverage by alleging arson or other intentional acts. If your fire damage claim has been denied or underpaid, Lavis Law Firm can help you challenge the insurer’s determination.
Wind Damage
Wind damage is extremely common in Louisiana, particularly during hurricane season. Insurance companies frequently dispute whether damage was caused by wind or by flooding — a distinction that matters greatly because flood damage is excluded from standard homeowners’ policies. Adjusters may also underestimate the extent of wind damage to roofs, siding, and windows. A Louisiana homeowners insurance attorney can help ensure that all of your wind damage is properly documented and compensated.
Hurricane Claims
Louisiana homeowners have faced devastating losses from hurricanes Katrina, Rita, Ike, Isaac, Laura, Delta, and Ida. Insurance companies have a long history of disputing hurricane claims in Louisiana, arguing about the cause of damage, applying large deductibles, or simply underpaying what is owed. At Lavis Law Firm, we have been helping Louisiana homeowners fight back against insurance companies after hurricanes since 1995. If your hurricane claim was denied or underpaid, call us today.
Insurance Company Underpaid My Claim
If your insurance company accepted your claim but paid you far less than the cost to repair or replace your property, you have every right to fight for a fair settlement. An underpaid homeowners insurance claim is one of the most common problems Louisiana homeowners face — and it is one of the most important reasons to consult with a Louisiana homeowners insurance lawyer.
Insurance companies have a financial incentive to pay as little as possible on every claim. Their adjusters are trained to minimize payouts, and they may use low estimates, depreciation calculations, or disputed scope-of-work assessments to justify smaller payments. In some cases, an insurer’s failure to pay the full value of a claim may rise to the level of bad faith under Louisiana law.
If you believe your homeowners insurance claim was underpaid, here is what you should do:
- Do not sign any release or accept a final payment without first consulting an attorney.
- Get an independent estimate from a licensed contractor or public adjuster.
- Request a copy of your insurer’s complete claims file, including the adjuster’s notes and estimates.
- Contact Lavis Law Firm for a free review of your claim.
Louisiana law provides strong protections for policyholders. If your insurance company acted in bad faith by underpaying your claim without a reasonable basis, you may be entitled to additional damages beyond the original claim amount. Do not leave money on the table — call Lavis Law Firm to discuss your underpaid claim today.
Insurance Company Says Damage Was Pre-Existing
One of the most frustrating tactics insurance companies use to deny or reduce homeowners’ claims is claiming that the damage is “pre-existing” — meaning it occurred before the current policy period began. If your Louisiana insurance company has told you that your damage is pre-existing, you do not have to simply accept their determination.
The pre-existing damage defense is often used improperly. Insurance adjusters may lack the expertise to accurately distinguish between new damage caused by a covered event and older, pre-existing conditions. They may rely on a brief inspection or old photographs to support a denial, without properly accounting for the possibility that a storm or other covered event caused new damage on top of existing wear.
Here is what you need to know if your insurer claims your damage is pre-existing:
- The insurance company bears the burden of proving that damage is excluded from coverage in many situations.
- An independent engineer or contractor can often document that the damage is new and consistent with a covered cause of loss.
- Even if some pre-existing damage exists, you may still be entitled to coverage for new damage caused by a covered event.
- An experienced homeowners insurance attorney can review the adjuster’s report, dispute their findings, and advocate for a full and fair payment.
At Lavis Law Firm, we have helped hundreds of Louisiana homeowners fight back against pre-existing damage denials. We know how to build a case that demonstrates your damage is covered under your policy, and we are not afraid to take insurance companies to court when necessary. Contact us today for a free consultation with a Louisiana homeowners insurance lawyer.
Related Resource: If your home has suffered damage from a burst or broken pipe, your homeowners insurance policy may cover the damage. Contact our Louisiana homeowners insurance lawyers for help with your claim.