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18
Mar

Federal Courts Adopt the Western District of Louisiana’s Case Management Order

Federal Courts Adopt the Western District of Louisiana’s Case Management Order

Federal Courts Adopt the Western District of Louisiana’s Case Management Order

The U.S. District Court for the Western District of Louisiana and the 14th Judicial District Court for the Parish of Calcasieu have adopted a Case Management Order (CMO) that allowed for a streamlined litigation process for insurance claims that arise due to property damage resulting from Hurricanes Laura and/or Delta. The CMO helps produce a just and equitable resolution, enabling the local community to repair or rebuild their homes and businesses after the devastation of the 2020 Hurricane Season. Most Hurricane Laura or Delta property loss claims that give rise to a lawsuit would be subject to this CMO, which provides for an expedited procedural schedule.

The CMO was adopted by the Western District after the Court reviewed the Disaster Litigation Initial Discovery Disaster Protocols recommended by a study committee and adopted by the United States District Court for the Southern District of Texas following Hurricane Harvey.

The CMO allows for resolution and settlement of lawsuits outside the courthouse walls. Once the answer to your claim is received, the court sets deadlines for initial disclosures, settlement negotiations, and formal mediation, in a matter of weeks or a few months, not years.

After receiving Answer or other responsive pleading:

  • 45 days from the date the defendant files responsive pleadings or 20 days from an order denying a timely motion to remand.

Upon the exchange of Initial Disclosures:

  • Within 15 days. Counsel for both parties shall meet to confer and discuss a mutually convenient time, date, and manner for conference.
  • Within 30 days, the informal settlement conference must be conducted.
  • Counsel for both parties must have full authority to resolve the from their clients.

If the initial settlement conference fails to reach a resolution:

  • Case is set for formal mediation.
  • Both parties complete a Mediation Stipulation form.

If formal mediation fails, the case is set for trial.

Recently, the first Hurricane Laura claim went to trial, and the jury found in favor of a Lake Charles businessman after the jury found that the insurance company acted in bad faith and did not pay timely or fulfill its contractual obligations. Consequently, the insurer must now pay additional penalties, attorney fees, and court costs.

If your home or business is dealing with the fallout of a denied, delayed, or underpaid property insurance claim or your insurer has acted in bad faith, call the Chad T. Wilson Law Firm today. We have obtained millions of dollars in settlements for our Louisiana clients that have had difficulty recovering from their insurance companies for claims related to Hurricanes Laura and Delta. Our expert insurance litigation attorneys know how insurance companies operate and the best way to maximize your settlement.

28
Oct

Any Which Way the Wind Blows in Georgia

Any-Which-Way-the-Wind-Blows-in-Georgia

Any Which Way the Wind Blows in Georgia

In the path of the storm was our client, a nursing home. Wind-blown debris brought on extensive roof damage along with exterior property damage to the siding, gutters, and HVAC units. This region has a history of property damage going back as far as 1845, so for the residents of the area getting used to property damage has become routine. What is also routine is how our client’s insurer responded to the commercial business insurance claim.

If your commercial business or homeowner insurance claim has been denied then you may be interested in how we have helped this client!

On October 11th, 2018, Hurricane Michael impacted Dougherty County, Georgia. What was the first Category 4 hurricane to hit the US mainland in over a century slowly progressed through Florida into George, where it became a Category 3 by the time it reached the city of Albany. The wind damage was more severe than the damage sustained in Hurricane Irma from a year previous, with wind gusts reaching over speeds of a hundred miles per hour. Many trees had been knocked down along with several businesses losing their facades and an abundance of road debris. The hurricane damage was so bad that residents were asked to stay inside. More than ninety percent of Albany’s Utilities Authority’s customers (24,000+ people) woke up Thursday morning with no power.

Insurance Policies Versus State Laws

Some insurance companies are allowed by the state to have shorter deadlines than the state’s law allows if the parties involved can agree. Georgia’s laws have a general two-year statute of limitations, but per our client’s insurance policy they were only allowed one year to file a lawsuit.

Thirteen days after the one-year limitations period, the insurance company sent our client a claim determination letter stating they had completed their review and determined there was no coverage. Later, we filed suit on behalf of our client. The insurance company responded with a motion to dismiss – claiming we filed suit more than a year after the date of loss. Our response to the court was that we did not have the right to sue until after the determination letter was received by our client and therefore excused from the one-year statute of limitation and the court should disregard the one-year statute of limitations.

On September 30th of this year, the court dismissed the motion to dismiss citing case law, that if the insurance company continues to adjust the claim with the insured and indicates the insurance company is continuing its investigation then the insured is excused from the one-year statute of limitations.

Professional Property Insurance Lawyers

If your commercial business or homeowner insurance claim has been denied, delayed, or underpaid your insurance claim, then we can help. The experienced attorneys at Chad T. Wilson Law Firm have represented more than a thousand clients in cases against insurance companies. Our property insurance lawyers aggressively protect the rights of insurance policyholders. Our consultations are free, and you owe us nothing until your case is won. Contact us today to see how we can help.