The relationship between a policyholder and their insurance company is often defined by a contract, yet when a major loss occurs, that relationship frequently turns into a dispute. For Louisiana property owners facing the aftermath of a storm, fire, or accident, these disputes can delay recovery, drain finances, and cause immense stress.
A skilled Louisiana property damage attorney specializes in solving these insurance disputes, shifting the focus from endless negotiation back to securing the full and fair settlement you are owed.
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Challenging the Most Common Denials and Lowball Offers
Insurance disputes usually center on a few key areas where the insurer seeks to minimize its payment. An attorney knows how to immediately counter these tactics:
| Insurer’s Dispute Tactic | How an Attorney Solves It |
| Misinterpretation of Policy Exclusions | Conducts a meticulous review of the policy to argue against wrongful application of exclusions (like “wear and tear”) and leverages state law to interpret ambiguous language in the policyholder’s favor. |
| Undervaluation of Damage | Commissions independent expert reports from licensed engineers and public adjusters whose assessments definitively contradict the insurer’s lowball estimate, forcing a negotiation based on the true cost of repairs. |
| Delaying Tactics | Cites specific deadlines under Louisiana’s bad faith laws ($\text{R.S. 22:1892}$ and $\text{R.S. 22:1973}$) to compel prompt adjustment, investigation, and payment, transforming a slow dispute into an urgent legal matter. |
| “Wind vs. Water” Dispute | Gathers forensic evidence to establish that the covered peril (wind/hail) was the initial cause of the damage, thereby solving the dispute that often leads to a wrongful denial of major hurricane claims. |
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Utilizing the Power of Louisiana’s Bad Faith Laws
The most powerful tool a Louisiana property damage attorney uses to resolve disputes is the threat and execution of a bad faith claim. Bad faith refers to an insurer’s failure to act fairly and honestly toward its policyholders.
When an insurer’s actions are deemed “arbitrary, capricious, or without probable cause” (i.e., unreasonable), an attorney can seek severe statutory penalties:
- Penalty Awards: The insurer can be liable for up to 50% of the amount found to be due on the claim, or two times the sustained damages (whichever is greater, depending on the statute violated).
- Attorney’s Fees: The insurer can also be ordered to pay the policyholder’s legal costs and attorney’s fees, removing the financial burden of the dispute from the victim.
This legal leverage often resolves disputes quickly; the financial risk of a bad faith lawsuit is often far greater for the insurer than simply paying the full, fair value of the original claim.
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Comprehensive Representation Through All Resolution Stages
Solving an insurance dispute may require different approaches, and an attorney is prepared for every stage:
- Appraisal: The attorney can invoke the appraisal process (if available in the policy) and present their expert’s higher valuation to an independent third-party appraiser.
- Negotiation: The attorney handles all communication, shielding the policyholder from adjuster calls and ensuring all settlement negotiations are documented and legally sound.
- Litigation: If a settlement cannot be reached, the attorney is prepared to file a lawsuit, which allows for formal legal discovery, depositions, and, ultimately, a trial to secure the full judgment, including bad faith penalties.
By hiring a dedicated Louisiana Property Damage Attorney, you replace frustration and uncertainty with professional, aggressive advocacy. You ensure that your claim is backed by credible evidence and protected by the full force of Louisiana law.
