Louisiana Business Interruption Lawyer: Fighting for Your Recovery
Business interruption insurance is meant to replace lost revenue when a catastrophe like a fire or hurricane forces you to close your doors. If your insurer is delaying or denying your valid claim, you need an experienced Louisiana business interruption lawyer to protect your investment.
Triggers for Business Interruption Coverage
In Louisiana, coverage is typically triggered under three specific circumstances:
- Direct Physical Loss: When damage to the premises—such as from a fire or windstorm—forces a suspension of operations.
- Ingress/Egress Issues: Physical damage to nearby property that prevents employees or customers from entering your building.
- Civil Authority: When a government mandate (like a mandatory hurricane evacuation) forces your business to close.
Common Insurance Dispute
Issues Insurers often look for ways to minimize payouts or deny liability entirely. Common hurdles include:
- Disputes Over Physical Damage: Insurers may claim there was no “tangible alteration” to the property.
- Calculation Disagreements: Disputes over revenue projections and continuing vs. non-continuing expenses.
- Exclusions: Challenges related to specific exclusions like power outages or undocumented income
Documentation and Burden of Proof
In Louisiana, the burden is on the business owner to prove the extent of the loss. It is not enough to simply show that income is down. You must provide meticulous evidence linking that drop specifically to the insured event (the fire or hurricane) rather than general market trends. We work with forensic accountants to analyze your profit and loss statements, payroll records, and tax returns to build an undeniable case for your lost income.
Bad Faith Penalties in Louisiana
Under La. R.S. 22:1892 and 22:1973, insurance companies must act in good faith. If an insurer arbitrarily denies or delays payment for more than 30 to 60 days after receiving “satisfactory proof of loss,” they may be subject to significant penalties and attorney’s fees.
Important: New 2025 Filing Deadlines
Business owners must be aware that for property damage and resulting business interruption claims arising after July 1, 2024, the statute of limitations to file suit has generally been extended to two years (up from one year). However, commercial policies often have strict “Proof of Loss” submission deadlines—sometimes as short as 60 days. Missing these contractual deadlines can jeopardize your claim even if the lawsuit deadline hasn’t passed.
Contact the Louisiana Business Interruption Insurance Claim Lawyers
Contact Us for a Free Claim Review Filing a claim is complex and requires detailed financial records. If you are a small business owner struggling with an insurer, call the Berniard Law Firm today at (504) 521-6000 for a FREE consultation.