Total Loss Home Insurance Claim Lawyers in New Orleans

Has your home been totaled? If so, your homeowners insurance policy may owe you 100% of its full face value.

After a major disaster like a hurricane or fire, the damage to your home may be so severe that repairing it is not economically feasible. In insurance terms, this is known as a “total loss.” When your home is a total loss, you should be entitled to the full policy limit for your dwelling coverage. However, insurance companies will often fight tooth and nail to avoid this designation.

Louisiana’s Valued Policy Law (La. R.S. 22:695)

Under Louisiana’s Valued Policy Law, if an insurer places a valuation on your property to determine your premiums, in the event of a total loss, the insurer must compensate you for the covered loss based on that valuation.

This law is a critical tool for homeowners in the wake of extreme natural disasters. However, its application has become increasingly complex.

The “Wind vs. Water” Battle in Total Loss Claims

The Valued Policy Law generally applies when a homeowner experiences a total loss exclusively from a covered peril, such as wind. The question becomes complicated when a total loss is the result of a combination of covered perils (like wind) and non-covered perils (like flooding, which is expressly excluded in most Louisiana policies).

The “Efficient or Proximate Cause” Test: Louisiana courts have ruled that it must be determined whether the non-covered peril (e.g., flood water) was the “efficient or proximate cause” of the total loss. If the insurance carrier can prove the non-covered event was the primary cause, the Valued Policy Law may not apply.

Furthermore, if your policy sets forth a different method for computing loss, and the insurer provided clear notice of this method, they may not be required to pay the full valued amount.

How We Prove a Total Loss

At Berniard Law Firm, we don’t rely on the insurance company’s numbers. We build our own case to prove your home is a total loss.

• In Louisiana, a property is considered a total loss if the cost to repair it exceeds its total value.
• We work with independent experts to establish the true extent of the damage and the cause of loss, fighting back against insurers who try to blame non-covered perils.

Don’t Accept a Partial Payment for a Total Loss

If your home has been devastated, you need an attorney who understands the high stakes of a total loss claim and the complexities of Louisiana’s Valued Policy Law.

Call us today at (504) 521-6000 for a free consultation. Let us review your policy and the damage to help you determine if the Valued Policy Law applies to your claim.