Louisiana Insurance Lawyer Blog

If a tree falls on your house or building because of Tropical Storm Lee, you should make a claim with your own insurance regardless of whether the tree was growing on your property or another person's property before the storm.

Fortunately, you should not have to pay a hurricane deductible since Tropical Storm Lee is not a hurricane. Make sure to take photographs of the tree before removing it from the home.

Furthermore, you should check for structural damage to your home as well as for any damage to your slab. Often times, a slab home will suffer cracks to the slab even to the opposite corner of the home.

If you have any trouble with your Tropical Storm Lee Insurance Claim or even need help hiring an engineer to detect structural damage, contact your storm lawyer, Charles E Lavis Jr

While some longstanding State Farm policyholders may still have a fixed $500 deductible, most Gretna, LaPlace, New Orleans LaCombe, Slidell, Little Woods, Marrero and Bush Homeowners suffering structural damage due to the Spring Hail Storms and tornadoes will probably face a deductibles based upon a percentage of the structural policy limits instead of a fixed deductible of say $500.

Homeowners, be careful as you might be shortchanged when the homeowners insurance adjuster refuses to pay your loss because "the damage is less than the percentage deductible".

The adjuster may have overlooked hidden structural damage or mold or may have miscalculated the cost of repair. Or the adjuster may even go as far as to try improperly exlcude covered damage under a policy provision.

A Hale Damage Lawyer can assist you hiring professional to prove your claim, including engineers, mold and meteorological experts so that you can fully recover your damages, including your recoverable depreciation, debris removal costs and other damages.
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The Homeowners Insurer must pay the insured homeowners "a figure over which reasonable minds could not differ" within a timer period set by law or be subject to bad faith penalties.

If you have any questions or concerns about your Property Damage Claim call a Property Damage Claims Lawyer.

Louisiana Insurance Laws are found primarily in Louisiana Revised Statutes Title 22. The laws are set forth as follows:

Continue reading "Where Are Louisiana Insurance Laws Found?" »

Many homeowners I know are unaware they may be entitled to a refund of the Louisiana Citizens Property Insurance Corporation Special Assessment paid along with their regular homeowners insurance premium.

The assessment is paid in addition to her normal homeowners insurance premium and is listed separately on the Declaration page of the homeowner's policy as a Louisiana Citizens Assessment.

The State of Louisiana authorized the special assessment to pay for LA Citizens' billion dollar deficit caused by Hurricanes Katrina and Rita. Bonds were issued so that LA Citizens could pay its Hurricane insurance claims. This assessment will remain in effect until the bonds are retired in 2025.

To help Louisiana policyholders recoup this additional charge, the Louisiana Legislature passed a law, R.S. 47:6021, which authorizes a refundable income tax credit for the Louisiana Citizens assessment.

Policyholders can only claim the refund in the year paid. The credit can be claimed on either the individual income tax return or by filing a "Request for Refund of Louisiana Citizens Property Insurance Corporation Assessment", Form R-540INS after the assessment has been paid.

This credit is available only for the amount of the LA Citizens assessments and is not available for the normal homeowner's premium. If you have questions concerning your eligibility for the refund, contact your CPA or the Louisiana Department of Revenue at 225-219-2700.

Additional Resources:

LA Citizens Emergency Assessment Calculation

LA Citizens Reasons For Assessment