Are you having trouble securing compensation on an insurance claim in Baton Rouge, Louisiana? It’s hard enough to get your property and your life back in order after a hurricane, wind storm, flood, or fire. When your insurer delays or denies compensation from your homeowner or commercial property damage policy, or offers much less than you deserve, things can be even worse.

If this is happening to you, turn to the legal team at Insurance Claim HQ. For over 25 years, we’ve helped policyholders across Louisiana, the Deep South, and nationally demand the financial relief they need and deserve. We’re proud to have helped 70,000-plus clients recover over $1 billion on their insurance policy and property casualty claims, and we’re ready to put our skills to work for you.

Discover how a lawyer for insurance claims can help you deal with insurers and get the benefits you need to put your life back together. Contact us today for a free case evaluation with an insurance claim attorney in Baton Rouge.

What a Baton Rouge Insurance Claim Attorney Can Do for Your Case

An insurance claim lawyer from ICHQ can guide you through the claims process by:

  • Thoroughly investigating your claim to gather all relevant information and documentation
  • Working with independent adjusters or appraisers to determine the true value of your claim
  • Filing a complete insurance claim
  • Negotiating with the insurance company to obtain a fair and full settlement
  • Pursuing a bad faith insurance lawsuit if your insurer recklessly or intentionally denies your claim without proper justification
  • Never charging you anything unless we recover money on your insurance claim

What Legal Rights Do I Have as an Insurance Policyholder in Baton Rouge?

As an insurance policyholder in Baton Rouge, you have the right to have your insurance claims processed promptly and to have the insurer evaluate the merits of your claim fairly and under the terms of your insurance policy. Should the insurer accept your claim or agree to settle, you have the right to timely payment.

What Types of Home and Property Insurance Can I Get in Baton Rouge?

Homeowners in Baton Rouge may purchase various types of property insurance, such as:

  • Basic Form – A basic form policy only covers specific disasters or losses expressly listed in the policy, such as fire, hail, wind, and vandalism damage.
  • Broad Form – Broad form policies cover a more comprehensive range of damages and disasters, including some that the policy may not expressly list.
  • Special Form – A special form policy covers all damages and losses except for losses expressly identified in exclusion provisions in the policy.
  • Comprehensive Form – A comprehensive form policy covers all losses to a residential property’s structure and the residents’ personal property inside the home, except for disasters or losses expressly listed as exclusions to coverage.
  • Tenant Broad Form – A person leasing a home or apartment can obtain a tenant broad form policy to insure their personal property inside their premises.
  • Special Condominium Form – Condo owners can obtain a special condominium form policy, which covers the owner’s personal property inside their home and the condominium’s interior and excludes coverage for the exterior of the condominium and the condo building’s common areas. Condo policies may also provide third-party liability coverage, such as when a pipe inside one’s condo bursts and causes water damage to other units.

The type of policy a person needs will depend on the kind of residence they live in and their specific coverage needs (such as covering personal property or providing liability coverage).

What Are Common Insurance Claims?

A Baton Rouge insurance claim lawyer with ICHQ can advocate on your behalf to pursue the benefits and financial reimbursement you need and deserve from common insurance claims such as:

Why Would My Insurance Carrier Deny My Claim?

Although insurance companies may have legitimate reasons for partially or wholly denying a loss claim, insurers sometimes wrongly deny claims due to a lack of information or intentionally in bad faith. Some of the most frequent reasons insurers give for denying property claims include:

  • The Policy Does Not Cover the Claimed Loss – Depending on the type of policy purchased by a property owner or resident, the insurance company may have no obligation to provide coverage for a loss not expressly listed as a covered loss.
  • The Claimed Loss Falls Under a Policy Exclusion – Insurers may deny coverage by asserting that the claimed loss falls under one or more of the policy’s coverage exclusions.
  • The Insured Submitted Insufficient Information to Evaluate the Claim – An insurance company may deny a loss claim because a property owner failed to submit sufficient information for the insurer to determine whether the claim falls within the scope of coverage in the owner’s policy. However, property owners can usually remedy a denial on this ground by submitting additional information to supplement their claim. Insurers may even identify the information missing from the claim.
  • The Loss Occurred Outside the Policy Period – Except for claims made policies, a loss must occur within the designated policy period for the insurance company to become obligated to provide coverage.
  • The Insured Filed an Untimely Claim – Many insurance policies include deadlines for claims, requiring property owners to notify the insurance company of a loss within a specific time after an accident or disaster.
  • The Insured Violated the Policy Terms – An insurer may deny coverage because a property owner violated some term of the insurance policy, such as failing to pay premiums or not adhering to safety requirements imposed by the policy.
  • The Value of the Loss Falls Below the Deductible – An insurance company may agree that a covered loss has occurred but value the dollar amount of that loss as falling below the policyholder’s deductible, which would make the policyholder responsible for paying the loss.

How Could Insurance Companies Act in Bad Faith in My Insurance Claim?

Under Louisiana law, an insurer owes an insured a duty of good faith and fair dealing. The law imposes an affirmative duty upon insurers to evaluate claims fairly and promptly and to make a reasonable effort to settle an insured’s claim. Insurers who breach these duties become liable to the insured or claimant under a bad faith claim.

Examples of actions that may constitute a bad faith handling of an insurance claim include the following:

  • Misrepresenting material facts or insurance policy provisions
  • Failing to pay a settlement within 30 days after an insurer and insured/claimant reach a written settlement agreement
  • Denying coverage or attempting to settle a claim based on an application or claim knowingly altered without the insured’s knowledge or consent
  • Misleading a claimant as to the applicable prescriptive period
  • Arbitrarily or capriciously failing to pay any claim due to a person insured by a policy within 60 days of receipt of satisfactory proof of loss

What Should I Do if My Insurance Claim Was Denied?

If you receive a denial letter from your homeowner’s or property owner’s insurance company, taking prompt action can preserve your rights to seek the compensation you deserve under your policy. Here’s what to do after the denial of your insurance claim in Baton Rouge:

  • Review the insurer’s denial letter carefully to understand the reason(s) the insurance company denied your claim.
  • Review your records/information to determine if you have additional supporting evidence that may dispel the insurer’s reason(s) for denying your claim.
  • Confirm your insurer’s internal appeals process. Your insurance policy or the denial letter may explain what you can do to contest the denial, or you can contact your insurance company to ask what process they have for challenging the denial of your claim.

Finally, contact an insurance attorney from ICHQ as soon as possible. Doing so ensures you do not lose the opportunity to continue pursuing the insurance benefits you need and deserve.

How Long Do I Have to File an Insurance Claim in Louisiana?

The deadline for filing an insurance claim after suffering property damage or a loss will depend on the terms of your insurance policy. This is because insurers set different deadlines for notifying them of a potential claim. It’s best to review your specific policy as soon as possible following the incident to determine how long you have to file a claim. Filing too late means the insurance company has a basis to deny coverage, as the delay in filing will have prejudiced your insurer’s ability to investigate the incident.

If you encounter issues with your insurance company, such as unnecessary delays, unfair denials, or the minimization of your insurance claim, you have the right to file a bad faith lawsuit. In general, Louisiana law gives you 10 years to file a bad faith claim. However, the courts have also ruled that an insurer and an insured can agree to a shorter limitations period in their insurance contract, so many insurers include shorter filing deadlines in their policies.

If you’re unsure about the specifics of filing either an insurance claim or a bad faith lawsuit, contact ICHQ for a lawyer’s help.

What Are Best Practices for Filing an Insurance Claim?

The following are some top tips for filing an insurance claim to give yourself the best chance of having your claim accepted:

  • Review your insurance policy to confirm that your claimed loss falls within the scope of your policy and does not fall within any coverage exclusions.
  • Gather relevant information and documents, such as photos of property damage, police reports, or purchase invoices/receipts.
  • Get repair quotes or consult an independent adjuster to obtain a valuation of your loss.

Finally, reach out to ICHQ as soon as possible and schedule a free, no-obligation with an insurance claim lawyer in Baton Rouge.

What Does Proof of Loss Mean?

The “proof of loss” refers to the document(s) that a policyholder submits to their insurance company to file a claim for coverage and compensation. A proof of loss will include detailed information to help an insurer determine whether the loss falls within the policy’s scope of coverage, such as:

  • The nature of the incident, including what caused the damage/loss (e.g., a fire, a hurricane, a break-in) and the property damaged or stolen in the incident
  • The amount of money the policyholder seeks as compensation for their loss
  • Any supporting documentation, such as photos/videos of the property damage, police reports, repair quotes, or purchase receipts

In most cases, a policyholder must sign the proof of loss under oath so that the document serves as the sworn statement of the policyholder’s claimed loss.

Contact an Insurance Claim Attorney in Baton Rouge Today

Is your insurance company refusing to pay the full amount of your claim or denying your claim without adequate explanation? A Baton Rouge insurance claim attorney from ICHQ can help you advocate for your rights and interests.

Contact us today for a free, no-obligation consultation to speak with a caring and determined insurance attorney. We’ll review your legal options for pursuing the benefits and compensation you deserve from your insurer.