Professional Documents
Culture Documents
PROTECTION INFORMATION
JULY 2007
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
INSURANCE INFORMATION
PRESERVE YOUR RIGHTS PACKET
Under most property and homeowner’s insurance contracts, people with open claims
relating to Hurricanes Katrina and Rita are not allowed to file suit against their insurance
company more than TWO YEARS after their damages occurred. For victims of
Hurricane Katrina, this date is August 30, 2007, and for victims of Hurricane Rita, this
date is October 1, 2007. IF YOU DO NOT FILE BY THESE DATES YOU WILL
NEVER BE ABLE TO DO SO. THIS MEANS YOUR INSURANCE COMPANY
WILL NOT HAVE TO NEGOTIATE WITH YOU ANY FURTHER. (The National
Flood Insurance Program generally has different terms, and this packet may not apply to
the time line for flood insurance claims.)
We suggest you file suit by August 30, 2007 at the latest. Without the possibility of a
lawsuit, your insurance company may have less motivation to deal with you fairly. In
order to protect your rights, we strongly urge you to find an attorney to help you file a
claim. If you need help finding an attorney, see the contact information given at the end
of this packet.
“PART A” of this packet will provide you with information on how to settle your claim,
primarily through the Louisiana State Hurricane Mediation Program. “PART B” of this
packet is an instruction sheet and pro se petition you can file in court, on your own,
without an attorney.
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
Part A
HOW TO SETTLE
If you have not already signed up for the free Louisiana State Hurricane
Mediation Program, you should do so. Included are materials about the
program and how to register and prepare for it. Read The Attached
Mediation Materials Carefully.
1. When registering, ask for a mediation date before August 30, 2007.
2. If you get a date before August 30, 2007 (or October 1, 2007 for
Hurricane Rita victims):
2c. If you do not settle at the mediation, you should file suit using
the the advice of an attorney by August 30, 2007 (or October
1, 2007 for Hurricane Rita victims):
.
3. If you get a date after August 31, 2007 (or October 1, 2007 for
Hurricane Rita victims):
Whenever you are dealing with an insurance company, always keep a copy of the
information you are providing them for your records
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
How to Prepare for Mediation with
Your Insurance Company
Mediation is an optional step after you receive a denial or a settlement offer that you are
unsatisfied with. Only after you have sent your complete case in a detailed letter to your
insurance company, and reviewed your claim with an attorney, should you request
mediation.
You should receive notice at least ten days prior to the date your mediation is scheduled.
If you absolutely cannot attend, call the administrator listed on your notice right away
and change your appointment. If the date for mediation falls after your deadline for filing
suit, make sure to send you insurance company the enclosed letter asking them to put in
writing that they will extend your time to file suit 30 days after the mediation.
W Mediations are scheduled for two hours, but may go longer if both parties agree
W Either party can request that the mediator be replaced if there is good cause.
W Mediation is paid for by the insurance company unless you fail to appear or cancel
without cause. Failure to arrive within 30 minutes of the starting time will be
considered failure to appear.
Many insurance companies are attempting to deny claims they classify as “flood”
damage. However, your damage may be the result of wind and wind-driven rain, which
is covered under homeowners policies. Rain entering the structure due to wind damage
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
can cause interior and structural water damage. Roof, window and exterior wall damage
are likely wind damage.
Collect statements about wind damage from neighbors who stayed during the hurricane.
Be sure to include a time-line (when the wind and rain occurred, when the flooding
occurred) and note if the water rose slowly or gently.
W It’s best if they have witnessed the pre-flooding wind damage to your home, but
statements witnessing similar wind damage to their own homes are helpful too. If
your homes are nearby, include the distance.
W Have them sign and date a written statement saying what they saw. If possible, have
this statement signed in front of a notary. Free notary services are available at Loyola
Law Clinic, 526 Pine Street, New Orleans, Louisiana. Phone: 861-5590, and usually
available Saturday, 12-3 at 1417 Franklin Ave, Common Ground Legal Clinic.
W Ask your neighbors, who have similar damages and the same insurance carrier, how
their company treated them. If they got more money than you did, you should bring
evidence of that into the mediation with you.
W Collect weather data about wind speeds and rainfall to support your claim.
W If you can get an architect, public adjuster, engineer or contractor to justify your
claim, ask them to attend or provide you with written information to use.
The Mediation
W Review your policy carefully and make certain the ‘named insured.’ can attend. If
not, someone with ‘power of attorney’ to act on behalf of the ‘named insured' must
attend.
W Insurance companies will have skilled adjusters to argue their case: you may want an
attorney with you. If so, you must provide the name of the attorney to your
administrator at least 6 days before the date of the mediation.
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
W Make a complete Claim File, including all the evidence you collected to support your
claim. Keep things orderly and easy to follow.
W Bring two copies of your Claim File to the mediation, one for you and one for the
insurance representative. Bring a summary letter of your dispute for the mediator.
Additional Information.
- American Arbitration Association
1-800-426-8792
- Louisiana Department of Insurance
1-800-259-5300 or 1-800-259-5301
2) PAY COURT FEES ( or are able to get “In Forma Pauperis” status)
If, after reading the instructions you have questions about the requirements above, please
contact one of the four organizations listed in the back of your packet.
The following instructions will help you complete the attached Pro Se Complaint form if
your homeowner or automobile insurance provider has wrongfully refused to pay the
amount due under your insurance policy (“Pro Se” translated from Latin literally meaning “for
yourself” - Lawyers like to use Latin words to make themselves feel important). We strongly
recommend that you engage an attorney to represent you before commencing an action
and that you file your lawsuit before August 28, 2007. If you need to file suit, do not
wait until the last minute to file.
Complete the template in blue or black ink. Do not use pencil. Write clearly. If you are
filing a claim under a flood insurance policy, you must file your complaint in federal
court. You should revise the form accordingly if filing a flood insurance lawsuit. When
filing your claim, you must include the requisite filing fee, which varies from parish to
parish and depends upon whether you request a jury trial. (More about jury trials is
discussed below)
You may ask the court to waive the filing fees by filing an “In Forma Pauperis” form,
which can be obtained from the clerk of court. The court may not make you pay the fees
if you file this form showing that you cannot afford the fees. You should go the court
where you will be filing your petition and ask for a copy of the “In Forma Pauperis”
form at least one week before you will be filing your suit. (The form is different for each
court, so be sure you are at the correct one)! The form will tell you what information you
need to try and prove your eligibility for “In forma Pauperis” standing. File the “In
Forma Pauperis” form with the attached materials at the same time you file the suit and
DO THIS BEFORE AUGUST 28, 2007. (Note that filing the form does not automatically
mean you will not have to pay the fees. The court has to look at your paper-work you
turn in to determine if you are qualified).
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
To fill out the attached pro se petition:
Step 1: Clearly print the name of the proper court where you are filing your claim
(for example: CIVIL DISTRICT COURT FOR ORLEANS PARISH) in
the blank space at the top of the first page, just above “State of Louisiana.”
Just below, clearly print your full legal name in the blank space over the
word "Plaintiff". Similarly, find the full legal name of your insurance
company, and print this clearly in the blank space over the word
"Defendant".
Step 2: Complete the sentence "NOW INTO COURT comes Plaintiff ..." by
printing your full legal name in the blank space provided.
Step 3: Complete Paragraph 1 by again printing your full legal name in the first
space provided. Clearly print the name of the Parish in which you reside
in the second blank.
Step 4: Complete Paragraph 2 by clearly printing the full legal name of your
insurance carrier in the blank.
Step 5: To complete Paragraph 4, you will need your insurance policy
information. Your policy is numbered; locate this number and print it in
the first blank space provided. Finally, if your automobile is the property
that sustained damages, clearly print the word "automobile" in the final
blank space and include a description. The description should include the
year, maker, model, and license plate number. For example: Automobile,
1998 Ford Taurus LA Lic. LAM 000. If instead your house or business
was damaged, print the word "residence" or “business,” followed by the
address in the final blank space.
Step 6: In Paragraph 5, circle the appropriate name of the hurricane that affected
you, then the appropriate date of the hurricane that affected you.
Step 7: Clearly print the date that you first notified your insurer of the damages
suffered by the insured property in the first blank space in Paragraph 6.
An exact date is NOT necessary; an estimate of the month and year, such
as “In November 2005” or “Before June 2006” would be acceptable
responses.
Step 8: Circle “does” or “does not” request a jury trial. Realize that by requesting
a jury trial, you will be required to pay additional filing fees, and may
have to post a bond, which can be up to $2,500. By filing the “In Forma
Pauperis” form with your pleading, you may be able to avoid these
charges.
Requesting a jury trial will not necessarily get you a better judgment. It is
always best to consult with an attorney. If you do not ask for a jury trial,
you have ten days after your filing, or the defendant’s answer to ask for
one.
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
Step 9: Turn to the final page of the Pro Se Complaint. Write the date on the
blank space provided, and sign the document on the space below.
Step 10: In the blank space on that last page, under the words "Please serve",
clearly print the full legal name of your insurance company. Then, give
the proper address of your insurance company on the next line. You must
give the court the proper address for service of process. The proper
address of the most common carriers is included in this packet, following
the form. If your insurance company is not listed, contact the Louisiana
Secretary of state at (225) 925-4704 or the Louisiana Department of
Insurance at 1-800-259-5300 for the correct address of your insurance
company for purposes of service of process.
Step 11: Attach a copy of your insurance policy to the Pro Se Complaint.
Step 12: File this complaint with a copy of your insurance policy with the Clerk of
Court for the appropriate court in your parish. THE APPROPRIATE
COURT IS THE CIVIL COURT IN THE PARISH WHERE YOUR
PROPERTY IS LOCATED. (If it is a filing against flood insurance, file in
the appropriate Federal court). Here is a listing of courts and addresses:
Orleans Parish Civil District Court: 421 Loyola Ave, New Orleans, LA
70112 – (504) 592-9100- file at the clerk’s office on the 4th floor!
St. Bernard Parish Courthouse: 1101 W. St. Bernard Hwy., Chalmette,
LA 70043 (504) 278-4420
Jefferson Parish Courthouse: 200 Derbigny St., Gretna, LA 70053
(504) 731-4688
St. Tammany Parish Courthouse: 701 N. Columbia St., Covington, LA
70434 – (985) 809-8700
Washington Parish Courthouse: 908 Washington St, Franklin, LA 70438
(985) 839-4663
U.S. District Court, Eastern District of Louisiana (Federal Court): 500
Poydras St., New Orleans, LA 7013 (504) 589-7650
PLEASE NOTE:
IN ORDER TO PRESERVE YOUR CLAIM, YOU MUST DO THE
FOLLOWING!
1) FILE IN THE CORRECT COURT
2) PAY COURT FEES ( or are able to get “In Forma Pauperis” status)
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
5) FILL YOUR FORMS OUT COMPLETELY
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
_______________________________
STATE OF LOUISIANA
Case No. Division
____________________________________,
Plaintiff,
versus
_____________________________________,
Defendant,
PRO SE COMPLAINT
1.
Louisiana.
2.
3.
4.
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
Defendant agreed to insure Plaintiff against loss arising from damages
_______________________________________________________.
5.
6.
result of Hurricane Katrina / Rita. Plaintiff further satisfied all other terms
7.
claim and was more than sufficient to enable the insurer to act on the claim.
8.
Plaintiff, or, alternatively, has wrongfully denied the claim within the time
doing, Defendant has breached the express terms and conditions of the
policy and has otherwise denied Plaintiff the insurance coverage promised
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
9.
justification and in contravention of its duty of good faith and fair dealing in
10.
claim, and failing to conduct a reasonable investigation into the claim and
11.
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
has and will continue to suffer damages, including, but not limited to stress,
mental anguish, extended loss of use of the insured property and the costs
and attorney's fees that may be incurred in maintaining this action, any costs
12.
breach of contract and state law, in accordance with La. R.S. 22:658 as
13.
14.
proper coverage under the policy, plus a penalty of 50% on the amount to
be due from the insured, or one thousand dollars, whichever is greater, or,
in the event a partial payment or tender has been made, 50% of the
difference between the amount paid or tendered and the amount found to be
due as well as reasonable attorney fees and costs of the amount due in
accordance with La. R.S. 22:658 as amended by Louisiana Act no. 813,
15.
La. R.S. 22:1220 provides that an insurer “owes to his insured a duty of good faith
and fair dealing,” and provides that the insurer “has an affirmative duty to adjust claims
fairly and promptly, and to make a reasonable offer to settle claims with the insured.”
The statute further provides that “any insurer who breaches these duties shall be liable for
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
16.
cause.”
17.
The statute further provides that an insurer who breaches this duty is
18.
the amount of actual damages sustained, plus a penalty of two times the
19.
defendant is obligated to pay the amount of those fees and costs to the
Plaintiff.
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
20.
Plaintiff's claims.
21.
22.
loss and that the insured property sustained some loss covered by the policy
limits of said policy of insurance, less and except any sums already
23.
attorney's fees, and for such further relief as the Court deems just and
equitable.
Dated: ______________________
Please serve:
______________________________
(Name of Insurance Company)
______________________________
(Address of Insurance Company)
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
Insurance Company Addresses
Insurance Company Phone Number Registered Agent
LA Citizens Property LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
800-931-9548
Ins. Corp. 70809
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
ACE USA 800-433-0385
70809
AIG Insurance LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
800-242-2418
Companies 70809
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Allmerica 800-628-0250
70809
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Allstate 800-547-8676
70809
America First 800-551-5100 LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Insurance 877-263-7890 70809
800-321-2452 LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
American General
ext.2701 70809
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
American Reliable 800-245-1505
70809
800-817-3252 LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Arch
archinsurance.com 70809
Armed Forces 800-664-9331 LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Insurance Co. 913-727-5500 70809
Automobile Club
800-222-7623
Family Insurance
ext.5000
Co.
Autonmobile Club 800-222-7623 LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Intl. Ins. Exchange ext.5000 70809
Balboa Insurance LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
888-768-2096
Group/Meritplan Ins. 70809
Non-Flood: 800-
765-9700 LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Bankers Ins. Co.
Flood:866-397- 70809
6347
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Bituminous 800-605-0311
70809
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Chubb 800-252-4670
70809
CAN 877-262-2727
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Farmers Ins. Group 800-435-7764
70809
LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Federated Mutual 800-237-8292
70809
FEMA 800-638-6620