Louisiana Law Blog

By Clay Cosse

In the aftermath of Hurricanes Gustav and Ike, homeowners filing flood insurance claims under the National Flood Insurance Program’s (“NFIP’s”) Standard Flood Insurance Policy (“SFIP”) should exercise extreme caution to avoid running afoul of the SFIP’s Proof of Loss requirement.

SFIP policies require that insureds asserting a claim file a Proof of Loss within 60 days, subject to such extensions as FEMA may approve, listing “the actual cash value of each damaged item of insured property, the amount of damage sustained, and the amount claimed as due under the policy to cover the loss."

Courts have consistently enforced this requirement in an extremely strict and severe manner, holding that failure to timely file a Proof of Loss complying with the regulatory requirements is a valid basis for denying an insured's claim. If the policyholder does not strictly comply with the Proof of Loss requirement, the policyholder may not file suit to recover under its SFIP. That the insured's losses are covered under the policy is irrelevant. The conduct of the insurer/adjuster in adjusting the claim is irrelevant. Timely filing a proper proof of loss is essential to filing suit under the SFIP.
 

by G. Trippe Hawthorne

As Insurance claims continue to be adjusted and paid out, Louisiana residential, commercial, and industrial property owners will begin the process of contracting with Contractors to repair hurricane damage. As you do so, be mindful of Louisiana’s Contractors’ Licensing law and its potential impact on you. First, know that the purpose of the licensing law is to protect Louisiana’s citizens by attempting to ensure that contractors have at least a minimal level of financial resources and insurance coverage, basic construction knowledge, and some accountability for their financial obligations. The benefit to citizens is the initial screening or weeding out of contractors that have absolutely no business in that business. It’s not foolproof, but it does help.
 

By Michael O'Brien and Stephen Hanemann

Hurricane Gustav recently wreaked havoc and felled trees throughout the heavily wooded areas of Southeast Louisiana.  As such, many property owners may be concerned who bears the responsibility for a fallen tree. Obviously, if a tree in a homeowner’s yard falls on his house, then that homeowner should contact his insurance agent for assistance in repairing the tree damage. The remainder of this article addresses the issue of tree-owner responsibility when a tree located on the property of one person (the “tree owner”) falls on the property of his neighbor (the “property owner”) damaging the house, car, fence or other property.

 By Chris Dicharry

Property taxes in Louisiana are based on the fair market value of taxable property. The assessors make the fair market value determination based upon the status and condition of property as of January 1 of each tax year. Certain types of immovable property are generally revalued every four years; however if market conditions suggest changes in fair market value, adjustments can be made during the four year cycle. Most equipment and personal property is valued annually. La. R.S. 47:1978 and La. R.S. 47:1978.1 provide relief provisions for property owners that sustain damage after January 1 due to flooding or a natural disaster.

According to a news release, the Louisiana Department of Economic Development (LED) has established new resources for hurricane-affected businesses in Louisiana.  

The LED Business Recovery Call Center was activated on September 8th and offers recovery-related resources for businesses needing help in the aftermath of Hurricane Gustav. The call center can be reached at 1-877-610-3LED (3533). Information on business' recovery needs will be collected from callers, and LED will send alerts on new programs and resources as they are available.

LouisianaForward.com has also been refreshed with updated business assistance links.  Interested businesses can sign up for email alerts about assistance.