Louisiana New Law: Allows for Public Adjusters

A new law, signifying a significant development for policyholders in Louisiana, has passed, forbidding property insurance policies from containing provisions that deny an insured individual’s right to hire a public adjuster. Before the introduction of this new law, insurance policies with anti-public adjuster clauses prevented policyholders from hiring a public adjuster. The legislation aims to provide all policyholders and businesses with greater control and expertise in navigating insurance claims. 

On June 12, 2023, Louisiana Governor John Bel Edwards signed into law a bill from Sen. Royce Duplessis, D-New Orleans, and Rep. Ray Garafalo, R-Chalmette, that prohibits insurance carriers from inserting anti-public adjuster clauses into property insurance policies. The new law (SB156) in Louisiana will take effect on August 1, 2023, and allow all policyholders to hire public adjusters.

Benefits for Policyholders:

Removing the anti-public adjuster clauses is a significant win for policyholders in Louisiana. Here are some key benefits that policyholders can expect:

Expertise and Representation: 

Licensed professionals with in-depth knowledge of insurance policies and claims processes, public adjusters actively operate. They can assess the full extent of damages, and strive for fair compensation per the policy.

Time & Stress Reduction: 

Navigating an insurance claim can be a complex and time-consuming process. By engaging a public adjuster, policyholders can offload the burden of handling paperwork, documentation, and negotiations. This allows them to focus on other important aspects of recovery, such as restoring their property or business.

Maximizing Claim Settlements: 

Public adjusters skillfully value losses accurately and ensure fair compensation for policyholders. They can help policyholders avoid potential underpayments or claim denials, leading to maximized settlements.

Rules and Regulations for Public Adjusters in Louisiana:

While the new law in Louisiana enables policyholders to hire public adjusters, it’s important to understand the existing rules and regulations governing their operations. Here are some key points to note:

Licensing:

Public adjusters in Louisiana are required to obtain a license from the Louisiana Department of Insurance (LDI). Additionally, the licensing process involves meeting certain criteria, including background checks and the successful completion of an examination.

Fee Limitations: 

Public adjusters charge fees for their services, typically calculated as a percentage of the insurance claim settlement. In Louisiana, these fees are regulated and should conform to state guidelines. Policyholders should discuss fee arrangements with the public adjuster before signing any contract.

Contractual Agreements: 

Public adjusters must provide written contracts to policyholders, outlining the terms and conditions of their services. The contract must clearly state the fees, scope of work, and any additional expenses that policyholders may incur during the claims process.

Prohibited Activities: 

Public adjusters are prohibited from participating in any deceptive or fraudulent practices. Furthermore, they have a fiduciary responsibility, must act ethically and in the best interests of the policyholders they represent. Violations of these regulations can lead to disciplinary actions by the LDI.

Louisiana’s new law granting policyholders the ability to hire public adjusters is a significant step toward empowering individuals and businesses when dealing with insurance claims. With the expertise and representation provided by public adjusters, policyholders can expect a smoother and more favorable claims experience. By leveraging this new legislation, policyholders can navigate the complexities of the insurance world with confidence, knowing they have dedicated professionals on their side.

Premier Claims Louisiana #765044

 

Hurricane Post-Recovery

The post-recovery after a hurricane can be a challenging and stressful experience. Understanding damage assessment, contacts, and expectations post-hurricane as a local resident can ease recovery burdens significantly. 

Assessing Hurricane Damage & Mitigation

Prior to the storm, we recommend following a detailed checklist, having your property inspected, and accurately documenting the current condition of the property. (Read Prepare before the storm, Review Your Policy, Tips & Dangers or Mitigation for more information) 

After the storm has passed, your responsibility as a policyholder will be to assess the damages to your property and mitigate further damage. We recommend inspecting the exterior of your property looking for any broken or loose materials. In addition, inspect the interior of your property for water leakage or pooling water. Early connection, detailed documentation of damage, and mitigation strategies are vital for your insurance claim process.

Important Contacts After the Hurricane

In regards to property damage after a hurricane, there is a significant need for mitigation professionals, inspectors, and contractors in the community. Insurance carriers will also experience an increase in call volume and claims coming in from the community. Prior to the storm, we advise having a list of important contact information including your insurance carrier, mitigation companies, contractors, government authorities, medical assistance during a disaster,  and your local Red Cross

Our team is readily available during a hurricane. In the aftermath of the storm, we take over the communication, scheduling, and coordination with your insurance carrier, inspectors, mitigation companies, and contractors. We take the burden of handling the devastating damage from the hurricane so you can have a full focus on your family, health & safety following the storm. 

What to Expect as a Resident

As a resident, you can expect the recovery process to take time. The immediate aftermath of a hurricane can be chaotic and challenging, often requiring a great deal of patience and persistence. Communities will come together to overcome the struggles of power outages, limited access to food and water, as well as the extensive damage to homes, businesses, and natural resources. 

Keep informed about the latest updates and instructions from location authorities to help you navigate the recovery process. The days and weeks following a hurricane may result in delays of power recovery and availability of essential services. It’s important to be prepared to live without essential services for a period of time, and to come together as a community to support one another as you navigate the recovery from the hurricane’s impact.

 

Supplies & Consequences for a Hurricane

Hurricanes are nothing short of a devastating event for infrastructure, property, and those unlucky enough to be within its path. When a hurricane strikes, access to essential services may be limited or completely unavailable, which is why it is so critical to have the proper supplies on hand to get you through the storm and its aftermath. We’ll explore some critical supplies and how having them will aid you through the hurricane, as well as potential consequences of not having necessary supplies.

Critical Supplies for a Hurricane

  1. Water:  Perhaps the most essential supply of all is water. The accepted rule of thumb is one-gallon of water per person per day. Hurricanes being the unpredictable creatures they are, you never know what might be affected. According to an article in the New York Times in the aftermath of Hurricane Ian, Stefanie Arcangelo of the Red Cross says, “You don’t know what is necessarily going to happen due to the storm’s impact. The storm could impact the public water system.”  
  2. Non-Perishable Food:  Access to fresh food or power to store perishables may be limited or non-existent, which is why it’s important to prepare for the hurricane by stocking up on non-perishable items such as canned goods, peanut butter, crackers, or freeze dried foods.
  3. First Aid Kit: Hurricanes cause broken glass and flying debris, any of which can cause injury. With emergency services unavailable, you need to be prepared to aid injuries until medical attention can be sought. It’s advisable to have bandages, gauze, antiseptic, wipes, and at least a few day supply of medications.
  4. Flashlights and Batteries: Losing power is almost guaranteed in the event of a hurricane, so it’s vital to have a proper supply of batteries and flashlights or lanterns. Candles aren’t a good option due to the risk of fire. 
  5. Portable Radio:  A NOAA Weather Radio that is either battery operated or hand cranked is ideal to keep up-to-date on important information on the hurricane and aftermath. 
  6. Cash:  With power outages being a common occurrence during a hurricane, cash may be required if ATM machines or other electronic payment processing machines are unavailable. 

Consequences of not stocking supplies for a hurricane

Not properly preparing or stocking the necessary items for a hurricane can lead to severe consequences. 

It is especially important to prepare adequate or special supplies for elderly residents, young children, and pets. For a hurricane preparedness checklist for download, click here.

 

Dangers & Tips for a Hurricane

Hurricanes are among the most destructive natural disasters, bringing devastatingly high winds, heavy rainfall, and storm surges that can cause widespread damage and loss of life. These powerful storms can strike coastal areas and inland regions with little warning, and leaving residents with only a short amount of time to prepare. In this blog, we’ll explore the dangers & tips for a hurricane so that you can weather the storm.

Dangers

Understanding some of the most severe dangers posed will better prepare you for anything the storm throws your way. 

In the aftermath of Hurricane Ian, Governor DeSantis of Florida surveys the destruction that spread across Fort Myers. In an interview with BBC, DeSantis comments, “To see a house just sitting in the middle of Estero Bay, literally must have gotten picked up, flown because of the massive wind speed and the storm surge and depositing in a body of water.”

Tips

It’s clear hurricanes are forces to be reckoned with, destructive, dangerous, and downright terrifying. For your safety, it is important to properly prepare and have plans in place. 

Be informed and prepared to endure the devastatingly high winds, heavy rainfall, and storm surges hurricanes bring. Widespread damage will be imminent. However, employing these tips and knowledge about this destructive natural disaster gives you the best chance at safety and security. For more information on the dangers & tips for a hurricane, please visit Prepare before the storm.

 

Review Policy & Inspect Property Before a Hurricane

To protect yourself in the event of a future hurricane, one of the most important ways you can prepare is by reviewing your policy coverage. For Hurricane Preparedness Week, we will outline a few of the key aspects to consider in your policy: deductible, building coverage, and the importance of inspecting your property with photo documentation.

Deductible

Hurricane coverage deductibles are either be a fixed dollar amount or a percentage of the insured value. Percentage deductibles are more common as they will not increase premiums as much as a fixed dollar amount deductible. However, if you’re located in a hurricane prone area, it is crucial to know what type of deductible is in your policy and the financial responsibility you would have if a hurricane damaged your property. 

For instance, say you have $400,000 in coverage to your building and your policy has a 2% deductible. After a hurricane, your insurance claim is settled at $50,000 for property damage, but you receive a check for $42,000 — You’re responsible for paying the percentage deductible of $8,000 out-of-pocket to restore your building. 

Reviewing of policy information.

Building Coverage

Building coverage is an essential part of any policyholder’s insurance policy. It provides protection for the structure of your home, including the roof, walls, foundation, and other structures such as a garage or shed. In the event of a hurricane, this coverage will help you repair or rebuild your home if it is damaged.

The amount of building coverage you need will depend on a variety of factors, including the size of your home, the materials it is made of, and the cost of construction in your area. As a general rule, you should have enough coverage to rebuild your home from the ground up if it is completely destroyed. An Actual Cash Value policy pays what your property is worth today, whereas a Replacement Cost Value policy will pay the cost to repair or replace your property without deducting for depreciation. To learn more, visit our blog “What is Recoverable Depreciation?” 

Flood Damage Insurance

Another factor to consider when purchasing building coverage is whether your policy includes coverage for flood damage. Flooding is a common occurrence during hurricanes, and it can cause significant damage to your home. If you live in a flood-prone area, you may want to consider purchasing a separate flood insurance policy to ensure that you are fully protected.

Coverage Limits and Exclusions

When purchasing building coverage, it’s important to read your policy carefully and understand the coverage limits, and exclusions. For instance, a roof exclusion could specify that the insurance carrier will not pay for damages to the roof as a result of wind or other events, such as a hurricane. A cosmetic exclusion could put you at risk of having to justify the necessity for repairs or replacement if the insurance carrier classifies the damage as cosmetic. 

Policy Requirements

You should also be aware of any requirements your insurance company may have for hurricane preparations, such as installing storm shutters or reinforcing your roof. Failure to do any hurricane preparations can put you at risk for a denied or underpaid claim. Read more in yesterday’s blog “Prepare before the storm” 

Aerial view of roof inspection on commercial property.

Property Current Condition

One of the most important steps that is often overlooked by policyholders is to get their property inspected and take pictures before a hurricane hits. Doing so can provide solid evidence of the condition of their property before the hurricane and make it easier to assess the damage caused by the hurricane.

Here are a few reasons why it is essential to get your property inspected and take pictures before a hurricane:

The Good News

Our team provides free policy reviews and property inspections. If you have concerns over your current insurance policy, our team of legal experts will complete a thorough review and outline potential gaps in coverage or risks. Our inspection & adjusting team will gather the necessary documentation and pictures required prior to any hurricane damage. In addition, we will continue to monitor your property, and in the event you experience severe damage, we begin the claim process on your behalf immediately to get you paid faster. Contact us today to get your free policy review and inspection!

 

Prepare Before the Storm

Being Hurricane Preparedness Week and with hurricane season quickly approaching, it is important you and your family are prepared by planning ahead. To prepare before the storm, we suggest focusing on four areas: Hurricane information & evacuation plan, strengthening your home & business, updating & reviewing your insurance policy, and stocking your supplies.

Hurricane Information & Evacuation Plan

If you live in a hurricane prone area, it is critical that you have a list of ways you can get trusted hurricane information readily available. We suggest bookmarking National Weather Service, Ready and national news outlets on your mobile devices for immediate access to information. In addition, social media can be a great source of real time updates — Join the latest Facebook group for the named Hurricane to receive multiple updates from various sources. 

For your safety, planning a general evacuation plan and knowing alternative routes can save you time and stress when a hurricane strikes. When a hurricane is approaching, make sure you communicate your evacuation plan with someone else outside of the storm’s path. 

Corner business with windows boarded up

Strengthen Your Home & Business

Take a walk around your home and your business and look at areas that may be vulnerable in the event of a hurricane. Trimming trees regularly can help prevent excessive broken branches that can cause damage. Minimizing the number of outside loose items, such as patio furniture & recreational equipment, will reduce the amount of time you need to properly secure the items prior to the storm hitting. In advance, we recommend having the necessary materials to board up any windows to protect them from flying debris. 

If you have not had your roof or property inspected in the past 12 months, we recommend having a contractor or public adjuster confirm the structural integrity of your roof and home. The inspection will include photos and documentation of the current condition of your home. Should your home experience damage during a hurricane, the inspection documentation will be crucial evidence in getting your home back to its prior condition. We offer free home inspections — Give us a call today to schedule!

Update & Review Your Insurance Policy

We recommend having your insurance policy reviewed by a third party for a detailed review of coverage. Flooding is the leading cause of damage from hurricanes and many policyholders in hurricane prone areas are not required to have this coverage. In addition, your insurance policy may outline specific preparation steps that are required in order to ensure damages are covered. Our team of legal experts provide free policy reviews and will outline any gaps in your current coverage, and what steps must be taken prior to the storm hitting per your policy. If you’d like to have your policy reviewed — Contact us or send your policy to info@premier-claims.com.

Prepare before the storm Hurricane Preparation Checklist

Stock Your Supplies

Waiting until the hurricane is announced to stock your supplies could put you at risk of being unable to obtain the emergency supplies you need. According to Chuck Duncan, a Florida Ace Hardware employee in a local interview with CBS 4 News, says it is normal for residents to wait until the announcement before they head to the stores for supplies: “Usually within a few days after it comes out that it [the hurricane] is coming this way, they start coming in.” 

During and after a hurricane, you may need supplies to keep your family safe and healthy. However, once a hurricane is announced, there is a mass surge of people going to stores and supplies are limited. We recommend gathering supplies early in the season in May or June prior to a potential hurricane hitting land. You can be prepared by including the following:

For a full list of items you may need, you can find a checklist here: Download Checklist

Hurricanes are costly and can cause damage hundreds of miles from the shore. Being prepared ahead of time can be critical for your safety and recovery after the hurricane. Continue to follow us this week for more information and resources to prepare for this upcoming hurricane season!

Additional Resources

Florida Disaster
CDC Preparing for a Hurricane
National Weather Service Hurricane Plan

 

History of Hurricane Preparedness Week

May 1st through the 7th is National Hurricane Preparedness Week. If you don’t live in an area prone to hurricanes, you probably haven’t given them much thought. However, if you live in Florida or the surrounding area, chances are hurricanes have impacted your life in one way or another.

How did Hurricane Preparedness Week start?

Prior to 2004, Hurricane Preparedness Week had been known as Hurricane Awareness Week. The first Hurricane Warning Service originated in Cuba and was adopted by the United States Weather Bureau during the 1870s. On June 1, 1956 the National Hurricane Center was founded in Miami, Florida.

The change from Awareness to Preparedness was an initiative to encourage communities to be prepared prior to a hurricane hitting land. Costing billions of dollars in damages every year just in the United States alone, hurricanes are considered one of Mother Nature’s most destructive events worldwide.

Outside of the United States, hurricanes are often referred to as typhoons or tropical cyclones. Other countries, such as China, experience the same destructive forces and are reported to have the most typhoons annually than any other country in the world.

With continual changes in weather patterns and rising sea levels, hurricanes will continue to be destructive storms hitting our coast. As a community, we hope we can use this week to educate our neighbors on preparing before the hurricane, how to stay safe during the storm and what to expect following a devastating hurricane.

Follow us this week as we continue to cover different topics and provide resources to prepare for this upcoming hurricane season. If you’re still battling your insurance claims from prior hurricanes, please reach out to our team members to help get you the support you need: click here.

Additional resources:

National Today Hurricane Preparedness Week,

National Weather Service Hurricane Preparedness Week

NOAA: National Hurricane Preparedness

 

Thorough Investigation Turns $1.9M into a $5.9M Claim Settlement

Sanoh America Distribution Facility

Archbold, Ohio
Hail & Wind Damage | May 2022


The expansive 223,000 square-foot distribution facility experienced significant hail and wind damage, resulting in a small portion collapse. The insurance carrier enlisted an engineer to refute the more extensive hail damage, dismissing it as merely cosmetic and initially only approved repairs for the collapsed section. At this time, our team was brought on and we began to gather evidence from comprehensive on-site investigations, demonstrating the long-term repercussions of neglecting the full extent of the damage. Within six months, these efforts resulted in a reversal of decision to a full roof replacement. In addition, we were able to show historical storm activity that had impacted the building within the policy terms for more accurate dates of loss, as well as reimbursement for business interruption and loss of contents. Thanks to our diligent efforts, we successfully secured an additional $3.9 million in claim settlements.


Insurance Carrier Offer: $1,985,000

Premier Claims Settlement: $5,893,000

Navigating Insurance Deductibles

In the world of insurance claims, the concept of deductibles is a crucial aspect that policyholders often encounter. These deductibles are designed to discourage unnecessary claims, yet their implications can have a significant impact on the policyholder’s financial burden of damage to their property.

 

Flat-Rate Deductibles vs Percentage-Based Deductibles

When exploring the realm of deductibles, policyholders encounter two main variations: flat-rate deductibles and percentage-based deductibles. Flat-rate deductibles entail a fixed dollar amount that the policyholder must pay before their insurance coverage kicks in. On the other hand, percentage-based deductibles involve a percentage of the total insured value (TIV) of the property, which the policyholder must cover out-of-pocket. While flat-rate deductibles are straightforward and easy to understand, percentage-based deductibles can lead to varying commitments depending on the property’s value.

 

Perils 

One significant aspect of deductibles is the concept of “all other perils” (AOP) deductibles. These encompass a wide array of perils that may affect your property such as Wind, Hail, Hurricanes, Sinkholes, Collapses, and Floods. As you might anticipate, more severe perils tend to carry higher deductibles. While opting for a lower deductible may seem appealing, it can inflate your premium significantly. Insurance agents often suggest higher deductibles as a strategy to reduce premium costs, which can be a tempting proposition for policyholders.

 

Things to Consider

Imagine you reside in a condominium complex consisting of eight buildings, each with varying liability limits. Let’s say your property carries a 5% Hurricane deductible. In this case, the total insured value (TIV) is multiplied by the deductible percentage to determine the out-of-pocket expense in the event of a claim. For instance:

You own a condo where there are 8 buildings ranging liability limits of $1,684,874 and $2,026,302, and you have a 5% Hurricane deductible. The total TIV (Toal Insured Value) is multiplied by the deductible percentage, 5%.

Building A: TIV $2,000,000= Deductible $100,000

Building B: TIV $1,500,000= Deductible $75,000

Considering all eight buildings:

Total TIV: $14,000,000

Total Deductible: $700,000

Now, if a 1% deductible were in place instead:

Total Deductible: $140,000

 

The Implications and Beyond

While the calculations above solely focus on the deductible, other provisions can significantly impact coverage and claim outcomes. A high deductible might seem insignificant initially, but it can prove pivotal in determining the success of your claim. This hold especially true if you reside in an area prone to natural disasters, such as hurricanes.

 

In conclusion, comprehending the nuances of insurance deductibles is crucial for policyholders seeking to safeguard their assets effectively. Empower yourself with knowledge on the complexities of insurance claims and your policy. By making informed decisions about your deductible, you can not only manage your premium costs but also ensure that your claim process is smooth and financially viable in times of distress. Connect with us today to explore how Premier Claims can assist you on your journey to comprehensive coverage and peace of mind.