Is your insurer trying to deny your fire insurance claim or get you to accept less than its fair value? If so, fight back with the help of Insurance Claim HQ. We are dedicated to protecting the rights of homeowners and businesses, working tirelessly to get them the money they need to rebuild.
With 25 years of experience, our law firm has recovered over $1 billion in settlements for 70,000-plus clients across Louisiana, the Deep South, and nationally. The insurance companies know we mean business when handling tough property casualty cases and pushing for full and fair compensation for policyholders like you.
Let us help you get the money you need to get your life back on track. Contact ICHQ today for a free initial case evaluation with a Baton Rouge fire damage lawyer.
How a Baton Rouge Fire Damage Insurance Claim Lawyer Can Help with Your Case
Recovering from a devastating fire can become a time-consuming, stressful experience, especially if the damage has forced you to leave your home. Your focus is probably on figuring out where to live and how to put food on the table for your family, not on pursuing a complex insurance claim and dealing with adjusters.
A Baton Rouge fire damage insurance claim lawyer from ICHQ can take the stress of your case off your shoulders by handling all the details of your claim on your behalf. Let us pursue the financial relief you need and deserve by:
- Thoroughly investigating your fire damage claim to recover all available supporting information and documentation
- Reviewing your insurance policy to confirm your coverage eligibility
- Documenting the extent of your loss, including working with contractors and independent adjusters to determine repair costs
- Assisting you with the preparation and filing of your proof of loss with the insurance company
- Communicating with adjusters and vigorously negotiating for a settlement that provides maximum compensation
- Filing a bad faith insurance lawsuit if the insurance company improperly delays or denies your claim
- Never charging you anything unless we recover compensation on your fire insurance claim
Why Would My Insurance Carrier Deny My Fire Damage Claim?
Homeowners and commercial property insurance can cover various types of fire damage. This includes structural damage, smoke damage, burned personal property, and water/foam damage from the fire department’s efforts to extinguish the blaze. However, getting the insurance company to accept a claim can sometimes prove challenging. While there may be legitimate reasons for a denial, some insurers use these reasons to delay or deny insurance claims unreasonably.
The following are some common reasons an insurance carrier might deny a fire damage claim:
- The Insured Filed an Untimely Claim – Insurers can deny fire damage claims filed too long after the fire occurred, if the policy imposes a time limit on filing claims after a loss.
- The Insured Failed to Submit Sufficient Support Information or Documentation – Insurers may reject property damage claims when owners submit insufficient information to allow the insurance company to evaluate the claimed loss.
- The Loss Falls Outside the Scope of Coverage – An insurer may reject a fire damage claim if the cause(s) of the fire do not fall within the scope of covered losses.
- A Policy Exclusion Bars Coverage – Insurers may cite various policy exclusions to deny coverage.
- The Loss’s Value Does Not Meet the Deductible Limit – An insurer may value the damage caused by a fire as below the deductible, making the loss entirely the insured’s responsibility.
- The Loss Occurred Outside the Policy Period – Insurance policies typically cover losses that occur during the policy’s term. As such, an insurer may deny a fire damage claim if it determines that the fire occurred outside the policy period.
- The Insured Breached the Policy – An insurance company may deny a claim by arguing that the insured breached the policy, such as by failing to pay premiums or not installing safety equipment required by the policy, such as fire suppression systems.
How Could Insurance Companies Act in Bad Faith in My Fire Damage Claim?
Louisiana law requires insurers to act in good faith and deal fairly with their policyholders and claimants. An insurance company’s legal duties include processing claims promptly and fairly and making reasonable efforts to settle claims. An insurer who violates their duties may face liability in a bad faith claim.
The following are common examples of bad-faith insurance tactics:
- Misrepresenting relevant facts or insurance policy provisions
- Failing to pay a settlement within 30 days of reaching a written agreement
- Denying coverage or settling a claim based on an application the insurer knows was altered without the insured’s knowledge or consent
- Misleading an insured as to the applicable prescriptive period
- Arbitrarily or capriciously failing to pay claims, especially after receiving satisfactory proof of loss
What Legal Rights Do I Have as an Insurance Policyholder in Baton Rouge?
Under state law, you have the right to prompt adjustment and payment of your fire damage claim. Insurers must begin adjustment of a loss within 14 days of receiving notice from a property owner or 30 days for a catastrophic loss. Once you provide satisfactory proof of loss, your insurance company must pay or make a written offer to settle your claim within 30 days. You also have the right to have your insurer adjust your fire damage claim in good faith and make a reasonable effort to settle your claim.
How Much Time Does My Insurance Company Have to Respond After a Fire?
After you’ve notified your insurance company that your property has suffered a fire, the insurance company typically has 14 days to begin investigating and processing your claim. An exception is when your property has sustained a catastrophic loss, in which case your insurer has 30 days to begin adjusting your claim.
When you have provided proof of your claim to the insurance company’s satisfaction, the insurer has 30 days to either pay the amount of money you’ve requested for your loss or to offer a settlement. Finally, when you and your insurer reach a written agreement to settle your claim, the insurance company must pay you within 30 days.
What Evidence Will I Need to Keep the Fire Insurance Adjuster Honest?
Insurers have been known to unfairly delay or deny fire damage claims, so it’s critical to have extensive evidence and documentation to support yours. Here are some examples of documentation you might need to give yourself the best chance of approval:
- Photos of the fire damage to your property
- Photos of any personal property damaged or destroyed by the fire and copies of purchase receipts/invoices
- A copy of your insurance policy
- Copies of all correspondence with the insurance adjuster, including contemporaneous notes of phone calls with the insurance company
- Repair quotes from independent contractors or an appraisal from an independent adjuster
How Long Do I Have to File a Fire Damage Claim in Louisiana?
Your insurance policy likely contains a deadline for filing your claim after your home or business suffers fire damage. For this reason, you should review your policy immediately after a house fire to know how long you have to take action.
If the insurance company denies your fire damage claim in bad faith — such as unnecessary delays, unfair denials, or the minimization of your claim — Louisiana’s statute of limitations typically gives you 10 years to file a lawsuit against your insurer. However, insurance policies can set shorter limitation periods, so review your policy to confirm the deadline for your bad faith claim.
If you are unsure of whether you have a bad faith claim, a fire damage lawyer in Baton Rouge can review your situation and provide legal options.
What Are Best Practices for Filing a Fire Insurance Claim
When filing a fire damage claim, you can give yourself the best chance of success by adhering to the following best practices:
- Review your homeowners’ or commercial property insurance policy to understand your coverage and confirm the deadline for filing your fire damage claim.
- Report the fire to your insurer as soon as possible.
- Take photos of the fire damage.
- To prevent further damage from storms or vandalism, make temporary repairs to your property, such as boarding up broken windows or putting tarps over damaged roof sections.
- Keep any damaged personal property until the insurance adjuster sees it. Gather any receipts/invoices for that property or keep a list of purchase dates and prices.
- Keep copies of records of temporary living expenses if you need to leave your home, such as hotels/short-term rentals, gas, or restaurant meals.
- Keep copies of all correspondence with the insurance company and take notes during phone calls with adjusters or customer service representatives.
- Reach out to a fire damage attorney in Baton Rouge to discuss your options.
What Are Common Causes of Fires in Homes and Business Spaces?
Some of the top causes of fires in homes and commercial properties include:
- Faulty electrical wiring
- Faulty heating equipment
- Unattended stoves and ovens
- Unattended candles, cigars, or cigarettes
- Gas leaks
- Clogged dryer lint screens
- Unattended fireplaces
- Damaged power lines or electrical equipment
- Lightning strikes
- Arson
Does Fire Insurance Cover Arson?
Fire insurance will provide coverage when a third party intentionally sets fire to your home or business, as arson committed by a third party constitutes vandalism. However, if you or another resident in your home intentionally sets a fire, the insurance company will not provide coverage, as intentionally setting fire to one’s property to obtain insurance coverage constitutes insurance fraud. An ICHQ attorney can help in assessing who is liable for fire damage.
Contact a Baton Rouge Fire Damage Insurance Claim Lawyer Today
If you’ve had your fire damage claim denied, you need experienced legal guidance and advocacy to pursue the financial compensation you deserve to put your life back together. Contact ICHQ today for a free, no-obligation consultation with a Baton Rouge fire damage attorney. We’re ready to discuss your legal options for seeking the financial relief you need when a fire has damaged your home or business.