Note: This guest blog post is by Holly Soffer, Esq., a policyholder attorney and General Counsel to the American Association of Public Insurance Adjusters.

Unfortunately, we are singing the same old song again in Louisiana, having to report new administrative actions filed against public adjusters for the unauthorized practice of law and licensing violations. The pursuit of these types of actions by the Louisiana Department of Insurance (LDI) has been dormant for a few years. As a result, some public adjusters have relaxed their concern about possible scrutiny by the LDI on their conduct. This is a mistake. Even armed with all the correct types of documents, however, one can still fall outside the law regarding conduct.
Continue Reading Beware Public Adjusters – Danger Ahead in Louisiana!

Louisiana Insurance Commissioner Jim Donelon has examined the claims conduct of five insurance companies. As a result of these Targeted Market Conduct Examinations, he has proposed substantial fines. The Louisiana Department of Insurance News Release announcing these fines noted in part:
Continue Reading Louisiana Insurance Commissioner Proposes Fines Against Insurers For Wrongful Hurricane Claims Conduct

Always check time frames for proof of loss and the time to file a lawsuit. I preach these are lessons because the time to adjust claims and resolve disputes seems to be dragging on. While some states allow for an “equitable tolling” where the time for limitations is tolled until a denial occurs, most states do not allow this extension.
Continue Reading Condo Loses Claim Because of Statute of Limitations—Always Mark the Date to File Suit

In what I think is the first trial from Hurricane Laura involving bad faith allegations against an insurer, Scottsdale Insurance Company took a shellacking. I have been patiently waiting for one of the numerous Hurricane Laura cases to make its way to verdict, but they have all settled – until last week. Scottsdale argued that it paid on time and even overpaid. It is evident that the jury did not agree.
Continue Reading Hurricane Laura Bad Faith Verdict Against Scottsdale Insurance

The Louisiana legislature heard a lot of testimony and complaints about property insurance carriers that were not only slow-paying but also far too low-paying on hurricane claims following Hurricane Ida. The stories were similar to the post earlier this week where a federal judge found an insurance company guilty of bad faith for slow payment in Claim Delay Leads to Bad Faith Judgement.
Continue Reading Slow and Lowball Paying Insurance Companies—Why Is It Happening?

The Louisiana Department of Insurance is working overtime as two years of strong hurricanes take a toll on insurance companies making ends meet and insurance adjusters meeting claims regulations. Last week, the Louisiana Department of Insurance filed suit to take over two regional insurance companies. This followed an October 27th Bulletin reminding everyone of rules applicable following hurricane losses.
Continue Reading Hurricane Claims In Louisiana Cause Bulletins and Financial Failures

A recent post, Louisiana Policyholders Deserve Good Faith Claims Treatment—Understanding Louisiana Hurricane Claim Bad Faith Law, discussed fundamental Louisiana law requiring insurance companies to treat policyholders in good faith and properly interpret their insurance policies. What happens if insurance companies delay claims following the recent hurricanes in Louisiana?
Continue Reading Understanding Louisiana Bad Faith Law When Claims Payments Are Delayed or Paid Too Late

Louisiana insurance law is very different from other states. Louisiana insurance bad faith law is different, makes meaningful definitions about what good faith conduct is expected, and makes insurers accountable for good faith claims treatment when hurricanes damage Louisiana policyholders. Policyholders who have been underpaid or delayed payment should get legal advice about their valuable legal rights. You could lose out on monies owed if you fail to speak with legal counsel and have been subjected to low-ball and slow-paying property insurance companies.
Continue Reading Louisiana Policyholders Deserve Good Faith Claims Treatment—Understanding Louisiana Hurricane Claim Bad Faith Law