THE FIRM
ATTORNEYS
PRACTICE AREAS
CLIENTS & CASES
OUR CLIENTS
FIRM NEWS & EVENTS
STAFF & FACILITIES
CONTACT US
|
|
01/31/2008California Fire Victims Can Recover Expenses and Damages From Their Homeowners and Business Insurance CompaniesHerman, Herman, Katz & Cotlar, LLP has recovered tens of millions of dollars for victims of natural disasters. Our firm has extensive experience in handling insurance related issues. Devastating fires have swept across southern California. To date, nearly 1,000,000 homes have been ordered evacuated in San Diego County and more evacuations are occurring daily. Thousands of homes and businesses have either been burnt or are severely impacted.The unfortunate reality of mandatory evacuations is that they often create financial strains for those who are forced to evacuate. The funds for hotel rooms, meals eaten out, increased gasoline expenses, and extra business expenses may be covered by your insurance policy. Most homeowners insurance policies provide coverage for “loss of use” or “additional living expenses” associated with being displaced from your home. Many business policies also provide coverage for added expense associated while being out of business for a period of time. Insurers often require significant documentation to substantiate such losses. In most instances without documentation, an evacuee or business may only be able to recover a portion of the actual money they expend while they are displaced. Any evacuee should save ANY AND ALL receipts that they accumulate during their evacuation. Receipts that should be saved include hotel or lodging, restaurant, clothing, cleaning, grocery, and gasoline expenditures. If an evacuee fails to initially save these receipts, it becomes imperative to obtain bank statements from this period of evacuation so as to document the loss for an insurer. All such documentation should be kept as organized as possible so as to provide a day by day accounting of the additional expenses for the insurer. Many homeowners insurance policies account for prolonged “loss of use” or “additional living expenses.” Substantial documentation is often required to secure such funds. Be certain to maintain and preserve copies of any leases or agreements that are entered into as a result of the loss of use for a home or that are incurred for additional living expenses. Any business should save ANY AND ALL receipts that they and their employees accumulate during the evacuation that in any way relate to business operations. Receipts, statements and invoices should be saved. These include any expenses incurred for the evacuated business premises and for establishing any new location in order to transact business operations. This includes any expenditures for leases, equipment, furniture and supplies. Also, expenses for employees' transportation, lodging and meals should also be saved. It is important to maintain good record keeping and all bank statements for the period of evacuation and restoration in order to document the loss for an insurer. All such documentation should be kept as organized as possible so as to provide an accounting during the period of restoration. An evacuee and all businesses who are affected should contact their insurance company as soon as possible to file a claim. If possible, confirm the contact in writing with the insurance company. Even if you are unsure as to whether your home or business was damaged, it is imperative to file a claim so as to secure necessary “loss of use” or “displacement” funds immediately. Often times, an insurance company will issue an advance payment without supporting documentation to account for the expenses associated with evacuation. Regardless of any advances issued without supporting documentation, an evacuee must know that it becomes increasingly more difficult to secure additional funds without significant documentation. Further, the evacuee may need to document the funds to justify the advance payment from the insurance carrier. It is imperative that evacuees maintain detailed and organized documentation of all expenditures and begin submitting such documentation to their insurance company as soon as possible. When submitting such information it is always wise to submit copies as opposed to originals and to do so by U.S. certified mail to ensure delivery and maintain a copy for your files of everything sent. If property is damaged, it is essential that a comprehensive analysis of the loss be made. The full extent of the damage needs to be known and this will often require the experts. Both physical property and personal property (movables) will need to be inventoried. The physical property or structural damage may require inspection by a contractor. Furthermore, a complete inventory of all contents (movables) that were damaged or impacted as a result of the disaster needs to be prepared. This inventory should include a description of the item, date of purchase, and cost to repair or replace. Photographs of the structure, as well as all contents that are claimed to be affected should be taken and saved for future reference. A complete and comprehensive review of the policy of insurance needs to be undertaken. Determining the amounts of coverage for cost of repairing or replacing the home and its contents and any deductibles need to be considered. Questions regarding the type of damage coverage, how long it will take to process the claim, whether estimates are needed and the time frame for submitting proofs of loss should be determined.Once the full extent of the damage is known can the complete claim be adjusted. Some insurance companies will allow for partial adjustments provided the documentation submitted for the claim is in order. Keep in mind that insurance policies set forth certain obligations for the insured and the insurance company. Make sure you have timely notified your insurance carrier and submitted the necessary documentation so that the claim can be adjusted timely. Herman, Herman, Katz & Cotlar, LLP assisted thousands of Hurricane Katrina and Hurricane Rita victims with their homeowners, business and flood insurance claims. Many of these policies are similar to the insurance policies that will need to be dealt with for the current California fire disaster. If you have been forced to evacuate from your home or business in anticipation of this disaster or if your home or business have been devastated by the fire, and have questions about how to deal with your homeowners or business insurance company, please contact our office to discuss these issues with one of our attorneys. It is our hope that we may share the insurance lessons learned from Hurricane Katrina and Hurricane Rita with all those faced with this most recent disaster. Our office can be contacted at Herman, Herman, Katz & Cotlar, LLP, 820 O'Keefe Avenue, New Orleans, Louisiana 70113, PH: (504) 581-4892, Fax: (504) 561-6024, www.hhkc.com. Our thoughts and prayers go out to all those faced with California's most recent natural disaster.
The firm of Herman, Herman, Katz & Cotlar is not licensed to practice law in the State of California, nor do we have an office in the State of California, and none of our attorneys are licensed to practice law in the State of California. This firm, and its partners, are also partners of Herman, Mathis, Casey, Kitchens & Gerel, LLP. We will, with knowledge and consent of clients, retain local attorneys in the State of California where necessary to protect our clients' interests.
Review of the information herein is for informational purposes only and does not constitute legal advice nor create an attorney/client relationship. You should consider the information contained herein as advertising and treat it as such. In order to create an attorney/client relationship, you must speak directly with an attorney at HHKC and sign a written contract of employment prepared by HHKC.
|