John Houghtaling discusses Katrina Lawsuit Deadline

NEW ORLEANS — Louisiana homeowners planning to sue their insurance company after Hurricane Katrina should do so by Tuesday or they will not be able to pull insurance agents or contractors into the lawsuit, New Orleans attorneys say.

Not including agents and contractors in lawsuits can hurt a policyholder's case because most insurance companies try to shift blame to agents and contractors, the attorneys said.

"That is the defense that the insurance companies are bringing to the table," said John Houghtaling, a New Orleans attorney. "That is going to be a very, very rude awaking for the people that wait past the 29th."

Also, attorneys said policyholders will likely lose the option to try their case in their own parish if they wait beyond Katrina's anniversary to file suit. Cases filed after Tuesday will likely be tried in federal court or East Baton Rouge Parish.

"You will lose your right to file in your parish," Houghtaling said.

Earlier this month, Jim Donelon, state insurance commissioner, said 99.8 percent of homeowners insurance companies doing business in Louisiana agreed to extend the period where policyholders can sue companies for hurricane-related claims. One year was not enough time for policyholders and insurance companies to work out claims post-Katrina, Donelon said.

The extensions do not apply to insurance agents and contractors.

"You should file a lawsuit by Aug. 29 to ensure you preserve your rights against your insurance company and your adjuster. If their agent did perform some negligence in brokering their insurance policy and that negligence is pointed out later on by the insurance company then you would have lost your opportunity (to sue the agent)," said New Orleans attorney Rico Alvendia.

Houghtaling said he has collected more than $20 million in insurance claims for Katrina victims, including Ninth Ward homeowners and Central Business District office building owners. In nearly all cases, insurance companies allege negligence by the insurance agent regarding policy exclusions or blame contractors for inflating prices, he said. If a jury decides the agent or contractor has fault, the policyholder will not be able to include those parties in the case if the lawsuit is not filed before Tuesday, he said.

"For the majority of people, their net worth is tied up in their house. People are gambling their net worth by waiting after the 29th," he said.

If a lawsuit is filed against an insurance company by Tuesday, it can be amended to include agents and contractors if needed, he said.

"It is a preservation of your rights," he said.

Category:

News & Politics

Tags:

• Hurricane
• Katrina
• Lawsuit
• New Orleans