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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.

07
Jan

Why It’s Important To Take Your Time When Purchasing Property Insurance

Take Your Time When Purchasing Property Insurance
Why It’s Important To Take Your Time When Purchasing Property Insurance

When you see a doctor, you expect that they will take their time to do their job and understand the need for your visit. When investing money in a business opportunity, you would want to review all available information to make the best decision for your money. The same may be said when taking your car into the shop. When purchasing a service, the reason for your visit is more important than how fast you get the service. Learn how to make your property insurance purchase a smooth transaction.

More insurance carriers are making it easier for first-time homeowners to get home insurance. Obtaining property insurance expeditiously is important. Larger insurance companies can move quickly when it comes to purchasing insurance and smaller insurance companies are following the trend. What is the best insurance and what can you do to avoid making a mistake when purchasing it?

Choosing the Right Coverage

The most important thing in any business is to provide excellent customer service. This includes ensuring that the policyholder has all necessary coverages and not just encouraging them with products they will never use or be able to afford.

When an insurance provider rushes through the purchasing process without thoroughly understanding their customer’s needs, they’re harming not only themselves but also other parties involved in this transaction. By focusing on profits instead of getting to know your clientele and what coverages are needed for them – you hurt everyone who has been relying upon these policies!

A company should never sacrifice its morals just because it wants more customers or greater profit margins; doing so will only come back around at some point anyway with negative consequences that could’ve easily been avoided by taking care beforehand.

Homeowner’s insurance or any type of insurance for that matter is a serious subject. Inadequate coverage can result in financial catastrophe. Insurance companies are in the business of making money, they cannot increase their profits if they roll over and pay every insurance claim. Viewing insurance as a simple means to make money is wrong. People need insurance. People need to be protected.

Choosing the right coverage goes hand in hand with finding the right agent for you and your needs. Insurance can be a confusing topic for the average person, but there are ways to find affordable coverage. Your agent is someone you should contact if anything happens with your policy – they’re in the know and will help make sure that nothing gets left uncovered or unpaid!

Filing a Claim

When filing a claim, customers want to know that their insurer will be able to provide tangible evidence of coverage. We need this assurance before putting any money at risk and without it, we feel uncertain about what kind or how much help is available for an event that has occurred while using their product/service.

If you do not have the right insurance, you could find yourself in a significant financial hole. A thoughtful conversation with an insurance agent can help you avoid these errors.

Take Your Time to Find the Right Agent

Good Insurance agents often face a challenging environment where they must balance the needs of their customers with those companies. Insurance leaders who put profit ahead of customer service will struggle in this competitive market, as knowledgeable and trustworthy professionals like insurance brokers can provide better quality products for clients.

Insurance agents are often expected to spend very little time with their customers, but the best ones understand that every second counts. They know it’s not just about making sales or finding new clients; they need customer input and guidance so insurance products can be tailored specifically for them – which is why we find this situation ironic!

The bottom line is you need to take this important purchase seriously and find an agent that takes the time to find YOU out what you need.

If your property insurance claim has been denied, delayed, or underpaid, contact the expert insurance attorneys with the Chad T. Wilson Law Firm at (833)942-0678 or email us at [email protected].

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