Gilbert Randolph LLP
Jackson Nichols
What struck me most about the recovery environment following Hurricanes Katrina and Rita was the difficulty in getting insurance claims processed. It appeared as though the insurers were as overwhelmed as their policyholders by the issues and numbers of claims. This environment made it incredibly difficult for policyholders to contact their claims handlers, and it was very difficult to move quickly towards resolution of a claim, or even a portion of a claim, in order to get policyholders the insurance proceeds that they needed to meet basic living expenses and to begin rebuilding.
Even more disturbing was the ease with which insurance disputes were resolved once an attorney finally got involved, or once the insured understood the need to be persistent in pursuing their claim. Our experience indicates that many hurricane victims lacked the resources, the education or the determination to pursue their claim, and as a result have not yet received payment from their insurers.
One of the clients we represented, a disabled resident of Waveland, Mississippi, was told by her insurance company that her house, now literally a pile of sticks, had been destroyed entirely by flood and not by wind, and therefore she was not entitled to insurance proceeds. After being interviewed by CNN and after the insurer was contacted by her new attorney, the insurer suddenly became accommodating, and agreed to pay for damage that was attributable to wind.
At times, all it took was a few phone calls from an attorney to ensure cooperation from a victim’s insurer. But what of those people who were not able to obtain legal counsel for their insurance recovery efforts?