Your Property Damage Attorney

New Orleans Property Damage and Insurance Claim Lawyer

A property claim is decided by the policy, the cause of loss, and the proof—not the size of the damage alone

When a home or business is damaged, the immediate problems are practical: stopping further loss, finding a safe place to stay, protecting the property, and beginning repairs. The insurance dispute often develops later, when the insurer excludes part of the damage, uses a smaller repair scope, applies depreciation, disputes the cause, or delays payment while costs continue to grow.

Shirer Law represents Louisiana policyholders in disputed property-insurance claims. We examine the complete policy, the evidence of causation, the insurer's adjustment, the cost to restore the property, and the claim-handling requirements that apply. Then we give candid advice about whether the disagreement is factual, contractual, suitable for appraisal, or appropriate for litigation.

Call 504-499-1010 for a free case review and get to know your rights!

What Shirer Law examines in a property-insurance dispute

The policy actually purchased. We examine the declarations, forms, endorsements, deductibles, limits, sublimits, exclusions, and duties after loss. A declarations page alone is not the policy.
The cause of damage. Wind, wind-driven rain, rising water, plumbing failure, long-term seepage, wear, faulty work, and resulting damage may be treated differently. We compare the policy with the physical evidence, photographs, weather, repair history, and expert findings when warranted.
The scope and price. We compare measurements, quantities, materials, labor, demolition, access, matching, overhead and profit, debris removal, code work, and omitted damage.
Every coverage category. Depending on the policy, the claim may involve the building, other structures, contents, additional living expenses, loss of use, ordinance-or-law costs, equipment, or business income—each with its own limits and conditions.
Compliance by both sides. We address the policyholder's legitimate duties while testing delay, shifting explanations, unsupported exclusions, and failure to pay undisputed amounts.

What to do after property damage

Protect people first. Do not enter an unsafe structure. Contact emergency services, utilities, or appropriate remediation professionals when needed.
Notify the insurer promptly. Obtain a claim number and keep a log of the date, person, and substance of every material communication.
Document before conditions change. Photograph and video the exterior, interior, source, water lines, contents, and surrounding conditions using wide and close views.
Prevent additional damage when reasonably possible. Emergency tarping, extraction, or board-up may be necessary. Keep photographs, contracts, invoices, and receipts.
Preserve evidence. Do not discard damaged components or contents before a reasonable inspection opportunity unless safety requires it. Photograph and identify anything removed.
Prepare a contents inventory. Record the item, age, condition, purchase information if available, replacement cost, and supporting photographs or records.
Ask for the documents used to adjust the claim. The policy, estimates, field-adjuster report, engineering reports, photographs, measurements, and payment explanations may reveal what was accepted, omitted, or recharacterized.
Do not treat an early estimate as the final scope. Hidden damage and repair requirements may become apparent later. Promptly document and submit legitimate supplemental information.

Important Louisiana property-claim rules

Satisfactory proof of loss matters

Louisiana insurance-payment periods generally run from the insurer's receipt of satisfactory proof of loss—not simply from the date of damage or the first telephone call. The proof required depends on the policy, claim, and current statutes.

Under Louisiana Revised Statute 22:1892.3, if a property insurer requires its approved proof-of-loss form as a prerequisite to payment, it must provide the form within ten business days after receiving the claim and maintain it in an easily accessible location on its website. The completed required form then becomes the means of establishing satisfactory proof of loss, and the insurer must respond within ten business days as to whether it is complete.

Payment periods differ for catastrophic and noncatastrophic losses

Louisiana Revised Statute 22:1892 generally requires payment of amounts due within thirty days after satisfactory proof of loss and establishes related adjustment and written-offer requirements. Different periods apply to catastrophic losses involving immovable property. Under R.S. 22:1892.2, amounts due for covered catastrophic losses are generally payable within sixty days for residential property and ninety days for other immovable property after satisfactory written proof of loss, subject to the statute's qualifications.

These statutes do not make every disagreement or late payment “bad faith.” Penalties and attorney fees generally require the statutory elements, including a finding that the insurer's failure was arbitrary, capricious, or without probable cause where that standard applies.

Catastrophic-loss penalty claims require a cure-period notice

For a penalty claim under R.S. 22:1892.2, the insured generally must give the insurer a sixty-day written cure-period notice before pursuing that statutory cause of action. The notice must adequately identify the facts and circumstances of the dispute. Sending a conventional demand without accounting for the cure procedure can affect the timing and handling of litigation.

Appraisal decides amount—not every coverage issue

Louisiana residential property policies contain an appraisal process for disputes over the amount of loss. Appraisal can be useful when the parties agree that damage is covered but disagree over quantity or price. It does not necessarily decide causation, exclusions, compliance with policy conditions, or every legal dispute. The policy and timing should be reviewed before appraisal is demanded or rejected.

Suit deadlines are not uniform

The applicable deadline may come from the policy, a Louisiana statute, or federal law, and different deadlines may govern the contract claim, a statutory penalty claim, and a flood claim. Do not assume that the general tort prescriptive period controls an insurance dispute.

Common property-insurance disputes

We evaluate residential and commercial claims involving hurricanes, wind, hail, wind-driven rain, fire, smoke, sudden plumbing failures, roof and structural damage, theft, vandalism, contents, business equipment, additional living expenses, business interruption, depreciation, replacement-cost holdbacks, code work, appraisal, supplemental claims, denials, and underpayment.

Coverage depends on the particular policy and cause. A listed type of damage is not a representation that every policy covers every loss.

Flood claims require separate treatment

Standard homeowners policies generally do not cover rising floodwater. Flood coverage may come from a Standard Flood Insurance Policy under the National Flood Insurance Program or a private flood policy.

NFIP claims are governed by federal policy terms and strict procedures. They ordinarily require supporting documentation and a signed, sworn proof of loss within sixty days of the flood unless FEMA issues a written extension for the event. State-law penalty remedies generally should not be assumed to apply to an NFIP claim. A wind-versus-flood dispute may therefore involve two policies, two adjusters, and different governing law.

Third-party property damage is a different kind of claim

When a vehicle, contractor, neighbor, defective product, or other responsible party damages property, the claim may arise in tort rather than under the owner's first-party policy. Liability, comparative fault, causation, available insurance, measure of damages, loss of use, and filing deadlines must be evaluated separately. Vehicle-damage claims should ordinarily connect to a focused automobile-property-damage resource rather than being blended into hurricane-insurance content.

What may be recoverable?

The available recovery is controlled by the policy and proof. Depending on the claim, it may include:

Covered repair or replacement costs, subject to limits and deductibles
Recoverable depreciation after required repair or replacement
Damaged contents or equipment
Debris removal
Additional living expenses or covered loss of use
Ordinance-or-law costs when that coverage applies
Covered business-income loss and extra expense
Proven economic damages, penalties, attorney fees, and costs when authorized by current Louisiana law

Emotional distress, punitive damages, upgrades, mold remediation, and every cost of rebuilding are not automatically recoverable merely because property was damaged. The policy and governing law must support each category.

Our process

Obtain the policy and claim record. We identify the coverage, duties, payments, estimates, reports, deadlines, and stated reasons for any denial or reduction.
Define the dispute. We separate questions of causation and coverage from disagreements over scope, price, depreciation, and documentation.
Build the proof. We organize photographs, estimates, invoices, repair records, contents information, expert material when warranted, proof of loss, and evidence of consequential economic loss.
Choose the appropriate remedy. Depending on the dispute, that may be a supplemental submission, documented demand, appraisal, statutory cure notice, regulatory complaint, negotiation, or litigation.

We explain the strengths, weaknesses, likely costs, and available options. The policyholder decides whether to settle.

Frequently asked questions

My insurer paid something. Can the claim still be underpaid?

Yes. A payment may address only the insurer's original estimate or undisputed portion. Compare the covered scope, quantities, pricing, depreciation, deductible, limits, and omitted damage. Legitimate supplemental claims are permitted, but they should be documented and submitted within all applicable deadlines.

What is the difference between actual cash value and replacement cost?

Actual cash value commonly reflects depreciation, while replacement-cost coverage may permit recovery of withheld depreciation after repair or replacement and satisfaction of policy conditions. The precise calculation and timing depend on the policy. Louisiana law also regulates explanations and reasonableness when depreciation is applied.

Must I use the insurer's contractor?

Louisiana law generally prohibits an insurer from requiring a particular preferred vendor for residential or commercial property repairs. If the insurer recommends one, it must disclose that the policyholder is not obligated to use that vendor. The policyholder should still select a qualified contractor and document the scope and price.

What does it cost to hire Shirer Law?

The fee arrangement depends on the type, value, and procedural posture of the dispute. If a contingency fee is offered, the written agreement will explain the percentage and whether the client may be responsible for costs or expenses. Shirer Law explains the proposed arrangement before representation begins.

Talk with Shirer Law about a disputed Louisiana property claim

A useful claim review begins with four things: the complete policy, the cause of loss, the insurer's adjustment, and the proof of the amount still due.

Contact Shirer Law for a confidential consultation. We will review the available information, identify the immediate documentation and deadline issues, and explain whether we believe we can help.