Our office has received hundreds of calls from Louisiana homeowners who are still fighting with their homeowners insurance over Hurricane Katrina and Hurricane Rita wind damage. Insurance company adjusters are still not accepting responsibility for the amount of damages caused by wind and wind driven rain. All homeowners are facing very important deadlines.
Most Louisiana homeowner policies provide that suit must be brought within one year after the inception of the loss or damage. Furthermore, many policies require that other conditions must be met prior to filing suit. Similar time limitations and conditions apply to other types of insurance like Disaster Mortgage Insurance.
However, Act 802 grants an extension of time to file suit for homeowner claims arising out of Hurricanes Katrina & Rita. Act 802 may not apply to Disaster Mortgage Insurance claims.
Also note that LA R.S. 22:658.3 (Act 739) permits an extension of time to make insurance claims relating to Hurricanes Katrina & Rita. Act 739 may not apply to Disaster Mortgage Insurance claims.
Please remember that time limitations for FILING SUIT ON FLOOD CLAIMS is governed by federal law. Accordingly, please make certain that you check your flood insurance policy under the section titled "GENERAL CONDITIONS, R. Suit Against Us" to determine filing deadlines. MAKE CERTAIN YOU ALSO READ AND, IF APPLICABLE, COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM-FEMA's AUGUST 31, 2005 MEMORANDUM .
