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Louisiana Insurance Dispute and Denial Attorneys

Knowledgeable representation for policyholders across the Southeast

An insurance policy is a contract between you and your insurance company. You agree to pay your premiums, and the insurance company agrees to pay you for covered losses when they occur. This is the way it’s supposed to work – quickly, efficiently, and fairly. However, many insurance companies don’t like to hold up their end of the bargain when it comes time to pay out on your policy.

That’s where Warhurst Law comes in. A Louisiana insurance dispute attorney will fight for property owners to ensure they receive the compensation to which they’re entitled. We know how insurance companies operate, because firm founder Gene Warhurst began his career as a claims adjuster for a major insurance company. He understands the ploys, arguments, and stall tactics insurance companies use to delay or deny payments to policyholders. Contact us today for experienced assistance with your claim.

What kinds of Louisiana insurance disputes does your firm handle?

Warhurst Law is proud to assist clients with a variety of claim disputes, both residential and business. These include:

After a weather disaster, fire, or another destructive event, you may be completely overwhelmed. In less than a day – even less than an hour – everything you’ve worked for is gone. Hurricanes, floods, and wind are not uncommon down here in the Gulf Coast and New Orleans area, and you make your insurance payments on time to ensure you don’t lose everything. Our attorneys negotiate with insurance companies and adjusters to reach fast, fair settlements so you can rebuild even stronger.

Our Case Results

$11 Million Hurricane
Hurricane Katrina property damage of New Orleans apartment complex settled pre-suit.

Katrina Settlement

$2.4 Million Settlement in Commercial Tornado Claim
Warhurst Law secured $2.2 million in additional recovery for a lumber mill damaged in a tornado.

Tornado Claim

$2.226 Million Fire Loss Settlement
Warhurst Law secured more than $2.226 million in additional recovery for a Baptist Church

Fire Loss Settlement

$1.3 Million Car Crash Settlement
Client was in a car accident resulting in severe brain damage.

Car Crash Settlement

$26 Million Hurricane Katrina Settlement
Hurricane Katrina loss of New Orleans Apartment complex previously offered $3 million.

Katrina Settlement

What is “insurance bad faith” and how does it apply to my policy?

Louisiana state law requires insurance companies to act in good faith. What this means is that insurers have a responsibility to their insured to handle claims in a timely, efficient manner and make reasonable efforts to settle all claims. If an insurance company intentionally commits any of the following, they may be acting in bad faith, and if found liable can be penalized under the law. Penalties include paying your losses, fines, and attorney’s fees. The insurance dispute attorneys at Warhurst Law can help prove when a company is acting in bad faith.

Under Louisiana statute, an insurance company is acting in bad faith if they knowingly commit one of the following:

  • Manipulate or misrepresent the language in your policy for their own benefit
  • Fail to pay an agreed-upon and written settlement within 30 days
  • Alter the policy without your knowledge or consent, then use that change to deny your claim
  • Mislead you on how long you have to file, have an inspection, or get your payout
  • Fail to reimburse you within 60 days of providing evidence of property damage
  • Fail to settle your claim without a legitimate reason

Remember, insurance companies don’t stay in business by paying out every claim. However, we make it our business to ensure your claim is handled correctly and fairly.

Why would my Louisiana insurance company deny my claim?

Insurance companies employ a number of reasons, or excuses, to deny or delay property damage claims. Upon a denial of a claim, the company provides a reason for denial. Policyholders have a right to appeal a denial. The most common reasons for denial include the following.

Failing to follow procedures

Insurance companies can be extremely picky, especially when it comes to paperwork when filing a claim. If they feel you didn’t follow the correct protocol – from the beginning to the end of the process – they may deny your claim. This can include making errors in filing required documentation, or missed a payment somewhere along the way. An attorney can work with you to straighten out any misunderstandings.

Exceeding policy limits

When you select and purchase an insurance policy, you agree to financial limits. Your home or business is insured for a certain amount of money so you can repair or rebuild in the event of a catastrophe. However, if you minimized the replacement value of your property in exchange for lower premiums, you may not receive full compensation if you lose your home completely.

Violation of state law

If the event that damaged or destruction to your home occurred because the policyholder engaged in a criminal act, insurance typically will not cover any losses. One example of this is arson. You often see characters on television shows burning down their own businesses to “collect the insurance money.” We don’t have to tell you that’s not a real-life solution. However, our attorneys can help investigate to prove a house fire should be covered when no arson has been committed.

Another way insurers deny property damage claims is by stating your damaged or affected property are excluded under your policy.

What are insurance exclusions in Louisiana?

When you purchase standard property insurance (a “named perils” policy), whether commercial or residential, it covers 16 named perils:

  • Fire or lightning
  • Windstorm or hail
  • Explosion
  • Riots
  • Aircraft
  • Vehicles
  • Smoke
  • Vandalism
  • Theft
  • Falling objects
  • Weight of ice, snow, or sleet
  • Accidental discharge or overflow of water or steam
  • Sudden and accidental tearing, cracking, burning, or bulging
  • Freezing
  • Sudden and accidental damage due to short circuiting
  • Volcanic eruption

An “all risk” policy, on the other hand, covers every peril excluding the following:

  • Ordinance or Law
  • Earth Movement
  • Water
  • Power Failure
  • Neglect
  • War
  • Nuclear Hazard
  • Intentional Loss
  • Governmental Action

The insurance attorneys at Warhurst Law work to show the insurance company why those exclusions don’t apply to your specific case.

How can I fight my New Orleans insurance denial?

Working with the attorneys at Warhurst Law can make the difference between a denied claim and the maximum compensation for your losses and damages. Because firm founder Gene Warhurst started off his career as an adjuster for a major insurance firm, he understands the insurance game inside and out. He’s familiar with the tricks and tactics companies use to attempt to lowball or deny valid property insurance claims, and that’s what gives him an edge in the courtroom.

When you work with us, you get the benefit of Attorney Warhurst’s vast experience and certifications, including the prestigious CPCU – Chartered Property Casualty Underwriter. The CPCU is one of the insurance industry’s highest designations, and those who pass its exam are held to a Professional Code of Ethics.

Talk to our Louisiana property insurance attorneys today

When your insurance company denies a property insurance claim, you need help and you need options. At Warhurst Law, we provide both. We know you need help now and we’re ready to start advocating for you. Call 251-694-1932 or fill out our contact form to make an appointment. We represent clients throughout the Southeast and the Gulf Coast.

* Warhurst Law cannot and does not guarantee an outcome to any case.