Legal Question in Insurance Law in Louisiana

Re: insurance

Dear Friend,

From what you say here, it appears that the answer would be YES. Nevertheless, home-owners insurance is like any other insurance policy: it is a written contract. You should get your policy and read it line by line and form you own opinion of what the obligation of the insurance company is and what your rights are under the terms of the contracr of insurance (policy). Also, keep in mind that an insurance policy is considered a "contract of adhesion"; and any ambiguity in the terms of the policy are to be construed in favor of the insured, since it is the insurance company that draws up the policy; and the insured must "adher" to it, since the insured does not have any input into the terms of the written insurance contract (the policy). There is more to it all than this, but this is an essential starting place. You may have to sue the insurance company to obtain your full rights under the policy; an do not overlook the fact that there may be written in the said policy a "statute of limitations" setting a shorter time within which such a suit may be brought, than the ten year statute of limitations provided by law in ordinary contract disputes. Such shoter periods provided by the policies within which the insureds are to institute suit over policy diusputes are almost always upheld and adhered to by the courts.

There is more to it all than this, but this is something to think about. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]

Re: insurance

Yes. If this was from Hurricane Katrina or Rita I suggest you contact a lawyer immediately. You only have a few weeks to file suit.