Yesterday, I was up very early in the dark and flew from Tampa into a cool New Jersey morning in Newark – then drove down the Garden State Parkway along trees burning with red, yellow, and gorgeous shades of purple mixed with green. It is two years from the anniversary of Sandy’s fury, and we are in the muck of New York and New Jersey claims and lawsuits which inevitably follow these major disasters. My mind reflected on about past storms, people, and judges that played a role resolving similar disasters over the past decade.

Continue Reading Reflections on the Two Year Anniversary of Superstorm Sandy

David Charles contacted me to help him and others regarding Superstorm Sandy flood damages. He is a veteran of many storms. He has been a catastrophe adjuster for over thirty years. There are some old timers in this activity, but David has a way with words to explain what he sees, knows and feels. I always enjoy listening and just listening some more to these guys (and women) as they talk about their experiences. I think it makes me better at what I do. I know I learn.

Continue Reading David Charles, Good Guys, and Memories from Katrina

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 special legislation to extend the limitations periods at times. The Louisiana legislature extended the time for instituting a judicial action against an insurer seeking recovery for property damages arising out of Hurricane Katrina to 1 September 2007, at the very latest, or forever be barred from doing so. The only exception the Legislature provided to the filing deadlines set forth in Acts 802 and 739 was if the contract or the parties (Acts 802) or the law (Act 739) provided for a later date for the filing of an action. With various Acts created to help claimants deal with losses, it’s important to make mental note of the Louisiana limitations.

Continue Reading The Nuts and Bolts of Louisiana Statute of Limitations on Property Insurance Claims

One of the last remaining Hurricane Katrina cases is the Qui Tam litigation involving the Rigsby sisters’ allegations that State Farm fraudulently overcharged the government when handling NFIP flood claims. The Rigsby sisters alleged State Farm overpaid NFIP flood claims it adjusted to reduce the amount owed under the all risk policies State Farm issued. A jury verdict this week found that State Farm was fraudulent in its claims conduct when adjusting National Flood Insurance claims.

Continue Reading State Farm Found Guilty of Fraudulent Claims Conduct in Rigsby Qui Tam Case