Apartment Complex Insurance Claim Coverage Disputes

Louisiana Apartment Complex Insurance Claim Attorneys

Louisiana apartment complex insurance lawyer Jeffrey Berniard inspecting roof damage and blue tarps with a property owner to document a claim.

Buying insurance is often described as the act of betting against yourself and hoping you lose. However, all too often, insurance companies exploit policyholder vulnerability and illicitly tip the scales to make collecting on claims more difficult. Through a seemingly endless series of bureaucratic hoops and tricks, they attempt to deny, delay, or underpay claims.

Given the nature of the industry, insurance companies enjoy tremendous leverage over policyholders. Naturally, the consequences of shortfalls in recovery can be catastrophic for an apartment complex owner. However, you are not defenseless. Courts in this country are great equalizers, and litigation (or the threat thereof) serves to secure justice. Whether an insurer is delaying, reducing, or outright rejecting your claim, the Berniard Law Firm provides the legal remedy to these maneuvers.

The Importance of Early Legal Advice

Getting legal advice from the onset of a policy could make the difference between winning and losing a potential dispute. Insurance policy conditions are long, complicated, and filled with traps. While apartment complex owners and management are busy with their own duties, understanding these conditions is critical to collecting on a claim.

  • Timely Notice Requirements: Insurance companies thrive on rejecting claims based on “timely notice.” These requirements function as a strict statute of limitations; if you miss the window, the provider is no longer obligated to pay.

  • Negotiating from Strength: Attorneys specializing in insurance negotiation command respect and negotiate from a position of greater strength than a lay policyholder. We ensure companies are held to the agreements they made.

Loss of Rent and Business Interruption

Even when a policyholder understands their plan, companies often interpret damage in the light most favorable to them. They use technicalities to define damage as “outside the scope” of the plan. This is most damaging when it comes to Lost Business Income.

The business of an apartment complex is rent. When fire, hurricanes, or tornadoes make units uninhabitable, you cannot collect rent.

  • Delay Tactics: The longer an insurance company takes to pay, the longer it takes to restore the building to full income-generating capacity.

  • Uninsured Eventualities: Even when they do pay, insurers often construe loss of rent as an “uninsured eventuality.”

  • Advertising Costs: They frequently refuse to pay the additional cost of advertising needed to replace lost tenants and restore confidence in your brand.

This is wrong, but it is something insurance companies get away with when policyholders do not understand their rights.

Liability Claims: Tenants and Guests

Accidents happen. Tenants, guests, and visitors get injured in apartment complexes every day—whether it is a slip and fall on a wet floor or a building defect causing bodily harm. In these cases, the owner may be liable for high damages.

Insurance companies are notorious for employing slanted investigative methods to evade covering these losses. They are especially cavalier in rejecting claims from owners they feel are inadequately prepared to fight back. Our insurance law specialists punish this behavior in court when companies persist in shirking their duty.

Important: 2025/2026 Louisiana Legal Updates

For apartment owners in 2025, the legal landscape has shifted. You must be aware of new strict deadlines:

  • Two-Year Prescription: For property damage occurring after July 1, 2024, you generally have two years to file a lawsuit against your insurer (extended from one year).

  • Bad Faith “Cure Period”: If an insurer acts in bad faith, you may be entitled to 50% penalties. However, for catastrophic losses, you must now send a 60-day “Cure Notice” before filing for these penalties.

Why You Need Representation on Contingency

Litigation can seem daunting, but when left to professional attorneys, the burden is significantly lighter. Legal representation is a hedge against unpleasant eventualities—ensuring you are “made whole.”

  • No Upfront Cost: We represent clients on a contingency fee basis. We only take payment from awards we secure for you.

  • Free Up Capital: This model allows property owners to free up capital to make repairs and resume renting operations while we pursue the compensation you are entitled to.

Attorneys have a professional duty to seek justice and a bona fide incentive to get the best result for their clients. Contact the Berniard Law Firm today to ensure your insurance company honors its agreement.