Denied or Delayed? A Homeowner’s Guide to Fighting Insurance Companies in Louisiana

When Your Home Is Damaged, and Your Insurance Company Fails You

Experiencing damage to your home can be devastating. Whether it’s from a hurricane, flood, fire, or another unforeseen event, your homeowner’s insurance policy is supposed to be your safety net, providing the financial resources needed to repair or rebuild. You pay your premiums faithfully, trusting that when disaster strikes, your insurer will uphold their end of the agreement.

Unfortunately, it’s a harsh reality that many Louisiana homeowners find themselves in a distressing situation: their legitimate insurance claims are either denied outright or unreasonably delayed. This leaves families in limbo, struggling to cover repair costs, temporary living expenses, and the emotional toll of uncertainty. When your insurance company acts in bad faith, it’s not just an inconvenience, it’s a breach of trust and a violation of your rights as a policyholder.

At Bloom Legal Network, we believe that no homeowner in Southeast Louisiana should have to fight their insurance company alone. We are dedicated to connecting you with experienced legal professionals who specialize in insurance coverage disputes and are prepared to stand up for your rights. 

This legal guide to hurricane property claims is designed to empower you with essential knowledge, explain common tactics insurance companies use, outline your rights under Louisiana law, and walk you through the steps needed to secure the compensation you deserve.

You’ve paid your premiums, and now it’s time for your insurance company to pay your claim! Let’s explore how to fight back when they fail to do so:

Chaper 1: Understanding Your Homeowner’s Insurance Policy in Louisiana

First things first – before you can effectively challenge a denial or delay, it’s crucial to have a clear understanding of what your policy covers, what it excludes, and your obligations as a policyholder. Many homeowners assume all damages are covered, only to find intricate clauses or exclusions that their insurer points to during a claim.

Key Aspects of Your Policy to Review:

• Declarations Page: This summary outlines your coverage limits, deductibles, and the property insured. It’s your quick reference for overall coverage.
• Covered Perils: What specific events or types of damage does your policy cover? This might include wind, hail, fire, theft, and vandalism. Be particularly aware of exclusions for flood damage, which often requires a separate policy (e.g., NFIP).
• Exclusions: These are the types of damage or situations not covered by your policy. Common exclusions can include neglect, intentional damage, government action, and sometimes specific types of water damage (like mold not resulting from a sudden, covered event).
• Duties After a Loss: Your policy will outline what you, as the insured, must do after an event that causes damage. This typically includes:
  • Promptly notifying the insurance company.
  • Protecting your property from further damage.
  • Providing a “satisfactory proof of loss” (documentation, photos, estimates).
  • Cooperating with the insurer’s investigation.
• Replacement Cost Value (RCV) vs. Actual Cash Value (ACV): Understand how your policy calculates payouts. RCV pays to replace damaged property with new items, while ACV pays the replacement cost minus depreciation. This can significantly impact your payout.

Knowing these details is your first line of defense. When an insurer denies a claim, they will often cite specific policy language. Being familiar with your own policy terms helps you assess if their reasoning is valid or if it’s an attempt to minimize their payout. Keep thorough records of your policy documents and any amendments.

Contact our team today, and we’ll get you the specialized legal help you need to understand your insurance policy!

Chapter 2: Common Reasons for Denied or Delayed Claims in Louisiana

Insurance companies are for-profit entities, and sometimes their financial interests conflict with their obligation to policyholders. In Louisiana, following major weather events or even smaller incidents, homeowners often face a variety of tactics designed to reduce or delay payouts. Recognizing these tactics is key to protecting yourself.

Reasons an Insurer Might Deny Your Claim:

• “Damage Not Covered”: This is a frequent reason, where the insurer claims the cause of your damage is excluded by your policy (e.g., flood damage if you only have a standard homeowner’s policy, or mold claimed to be from a long-term leak, not a sudden event).
• “Insufficient Proof of Loss”: The insurer might argue that you haven’t provided enough evidence to substantiate your claim, or that the damage doesn’t meet their internal criteria.
• “Damage Pre-Existed”: They may assert that the damage was present before your policy began or before the claimed event occurred.
• “Failure to Mitigate Damages”: The insurer might claim you didn’t take reasonable steps to prevent further damage after the initial incident, therefore reducing their responsibility.
• Policy Lapse/Non-Payment: Your policy may have lapsed due to missed premium payments, making any claim invalid. (Always ensure your premiums are current!)
• Misrepresentation or Fraud: If the insurer believes you misrepresented facts on your application or in your claim, they may deny it and even accuse you of fraud.

Common Reasons for Delayed Claims:

• Overwhelmed Adjusters: Especially after widespread disasters, insurance companies might claim they are simply too busy to process claims quickly. While some delay is understandable, excessive delays can constitute bad faith.
• Requests for Excessive Documentation: Continuously asking for more documents, redundant information, or unclear “proof of loss” can be a stalling tactic.
• Frequent Adjuster Changes: Having different adjusters assigned to your case repeatedly can slow down the process as each new person has to get up to speed.
• Unnecessary Inspections or Investigations: While legitimate investigations are necessary, repeated or prolonged inspections without clear progress can be a tactic to wear down policyholders.
• Lowball Offers: An insurer might make an initial offer that is significantly less than the actual cost of repairs, hoping you’ll accept out of desperation, thereby prolonging the negotiation process if you refuse.

These tactics can be frustrating and designed to make you give up. However, under Louisiana law, insurers have a duty to handle claims promptly and fairly. Knowing your rights and the typical tactics they employ is your first step in challenging them effectively. Contact our team today for the specialized legal help you need to fight these common tactics!

Chapter 3: Steps to Take When Your Claim is Denied or Delayed

If your insurance company isn’t treating you fairly, don’t wait for things to get worse. Here are the first steps to take:

1. Document everything:

• Save all emails, letters, adjuster notes, and claim logs.
• Take photos and videos of all damage — before cleanup or repairs.
• Write down timelines of your claim process.

2. Request a written explanation:

Ask the insurer for a formal denial letter or written reason for delay. This can help your attorney build your case.

3. Review your policy:

Check your declarations page, endorsements, and exclusions. You have the right to understand what’s covered — and what may be in dispute.

4. Talk to an attorney:

Insurance policies are written to protect the company, not the homeowner. A skilled insurance attorney can quickly tell whether the insurer acted in bad faith, if you qualify for penalties, or whether negotiation or litigation is needed.

Get in touch with us today! We’ll get you the specialized legal help you need to take effective steps when your claim is denied or delayed.

Chapter 4: Understanding Louisiana’s “Bad Faith” Insurance Laws

In Louisiana, insurance companies are legally required to treat policyholders fairly and handle claims promptly and honestly. When they fail to do so, they may be acting in bad faith — and you may be entitled to additional compensation under state law.

Bad faith conduct goes beyond simply denying a claim. It refers to unreasonable delays, underpayments, or refusals to pay valid claims, even when the evidence is clear. Under Louisiana law, insurers must meet strict deadlines and act in good faith when handling property damage and homeowners’ insurance claims.

Key Bad Faith Statutes in Louisiana

There are two main statutes that govern bad faith insurance practices in Louisiana:

• La. R.S. § 22:1892 – This law requires insurers to make a written offer to settle within 30 days of receiving satisfactory proof of loss. If they fail to do so without just cause, they may owe penalties of up to 50% of the damages, plus attorneys’ fees.
• La. R.S. § 22:1973 – This statute creates a duty of good faith and fair dealing. Insurance companies who knowingly act in bad faith — such as denying coverage without a reasonable basis or failing to pay within a reasonable time — may be liable for general damages and monetary penalties per violation.

Both laws are powerful tools that protect homeowners from being taken advantage of after property damage. But they’re also highly technical — and insurers often rely on homeowners not knowing their rights.

What Does Bad Faith Look Like?

Bad faith can take many forms. You may have a valid legal claim if your insurer:

• Delays payment for no valid reason, even after receiving documentation
• Denies a claim without conducting a proper investigation
• Makes lowball offers far below the documented cost of repairs
• Fails to explain the denial or refuses to share their reasoning
• Ignores deadlines or fails to communicate in a timely way
• Misrepresents your policy coverage to avoid paying what’s owed
• Requires excessive documentation or repeated re-submissions

In the wake of a disaster — especially hurricanes, floods, or other weather events — these tactics are unfortunately common.

How Long Does an Insurance Company Have to Pay a Claim in Louisiana?

Under La. R.S. § 22:1892, insurance companies have 30 days after receiving “satisfactory proof of loss” to either pay the claim or make a written offer to settle. If they fail to meet this deadline without good reason, it may be considered bad faith.

“Satisfactory proof of loss” can include:

• A complete claim form
• Damage photos
• Repair estimates
• Receipts
• Professional inspections or reports

Note: Delays caused by hurricanes or wide-scale disasters may affect response times, but insurers are still required to act reasonably and communicate clearly.

What Can You Recover in a Bad Faith Claim?

If you can prove that your insurance company acted in bad faith, you may be entitled to significantly more than your original claim amount, including:

• The amount you were originally owed
• Penalties (up to 50% of that amount under §1892)
• Additional general damages (under §1973)
• Attorney’s fees and court costs
• Emotional distress or financial harm damages in some cases

Having an experienced insurance attorney in Louisiana can help you determine if your insurer crossed the line — and how to hold them accountable.

Chapter 5: Negotiating and Appealing a Denied or Underpaid Claim

Before taking legal action, many homeowners try to resolve disputes directly with the insurance company through negotiation or internal appeal. In some cases, this step can lead to a fair outcome, but only if handled strategically and with clear documentation.

Steps in the Negotiation Process

If your claim is denied or undervalued, don’t accept the decision at face value. You may be able to push back by:

• Requesting a written explanation of the denial or settlement offer
• Submitting a formal appeal or reconsideration request, if your policy allows it
• Providing supplemental evidence, such as independent damage assessments or contractor estimates
• Challenging incorrect policy interpretations or depreciation calculations

Sometimes insurers rely on vague language or internal adjusters who are incentivized to save money. Responding with well-organized facts and legal pressure can shift the conversation.

Should You Negotiate Without a Lawyer?

While it’s possible to handle early appeals on your own, many policyholders benefit from involving an attorney during this phase — especially if:

• The damage is extensive (roof, flooding, structural issues)
• The insurer is unresponsive or dismissive
• You’ve already complied with all documentation requests
• You feel overwhelmed by legal language or policy terms

An experienced insurance dispute attorney in Louisiana can evaluate whether the insurer is following the law — and begin laying the groundwork for a potential bad faith claim if they aren’t.

Negotiation doesn’t mean giving in. In fact, showing you know your rights – and are prepared to escalate – often leads to stronger outcomes.

Chapter 6: When to File a Lawsuit Against Your Insurance Company

Filing a lawsuit against your insurer isn’t a decision most homeowners take lightly, and it shouldn’t be. But when your insurance company refuses to pay what you’re owed, despite clear proof and good-faith efforts to resolve the issue, legal action may be the only path forward.

Signs It’s Time to Consider Legal Action

If you’ve already gone through the standard claims process — including submitting documentation, negotiating, and requesting a review — and you’re still not getting a fair response, these red flags may signal that it’s time to talk to an attorney:

• The insurance company is ignoring deadlines or communication entirely
• You’ve received an unreasonably low offer that doesn’t cover your damages
• The insurer has denied the claim without proper explanation or investigation
• You suspect the company is acting in bad faith under Louisiana law
• Your financial situation is deteriorating because of delays or underpayments

What Filing a Lawsuit Actually Means

Many homeowners worry that suing their insurance company will be expensive or drawn-out. In reality, most insurance lawsuits in Louisiana are settled before trial, especially when the insurer sees strong legal representation and clear evidence of misconduct.

The process typically includes:

1. Filing a complaint in civil court outlining the bad faith conduct
2. Pre-trial discovery, including evidence collection and sworn statements
3. Negotiations or mediation, where many claims are resolved
4. Trial, only if a fair settlement cannot be reached

Louisiana law gives you a limited time to file  , generally one year from the date of loss for most property claims. Waiting too long can jeopardize your case.

Protecting Your Rights From the Start

Even before you file a lawsuit, taking early legal steps can strengthen your position. This includes:

• Keeping detailed records of every communication
• Documenting damage thoroughly and consistently
• Requesting all denial letters, claim reports, and payment breakdowns in writing
• Having an experienced Louisiana insurance attorney review your policy

At Bloom Legal Network, we connect homeowners with attorneys who don’t just file claims — they build cases that demand results. If your insurer won’t do the right thing, we’ll help you find someone who will hold them accountable in court.

Chapter 7: What to Expect During a Lawsuit or Settlement

If your insurer won’t resolve your claim fairly, you may need to file a lawsuit. Here’s what the process typically involves:

• Filing a formal complaint against the insurance company in a Louisiana civil court.
• Discovery, where both sides exchange evidence (including damage reports, adjuster notes, etc.).
• Depositions, where parties give sworn statements under oath.
• Negotiations may happen at any stage, and settlements are common — especially when insurers see you’re serious.
• If no agreement is reached, the case may go to trial, where a judge or jury determines whether the insurer acted in bad faith.

Most homeowners’ insurance disputes in Louisiana settle before trial, especially with strong documentation and experienced legal support. But the key is showing you’re willing to fight if necessary!

Chapter 8: Why Legal Representation Makes a Difference

Insurance companies have adjusters, legal departments, and entire playbooks designed to protect their bottom line. Having a qualified Louisiana insurance lawyer levels the playing field.

An attorney can:

• Review your policy and explain your rights
• Document and quantify damages you may have missed
• Handle communications and protect you from bad faith tactics
• Ensure your claim complies with Louisiana deadlines and legal standards
• Pursue maximum compensation, not just what the insurer offers

You don’t need to face this battle alone. We’ll handle the legal deadlines, expert reports, and court filings — so you can focus on rebuilding!

Don’t Let Them Win – Fight for What’s Right

When your insurance company denies or delays your valid claim, it can feel like you’re facing an insurmountable battle alone. But you don’t have to. Understanding your rights and having experienced legal professionals by your side can make all the difference in securing the compensation you are owed.

Turn to the Bloom Legal Network. We are your trusted partner for comprehensive legal solutions in Southeast Louisiana, ready to connect you with attorneys who specialize in fighting for homeowners against unfair insurance practices. Don’t let an insurer’s bad faith tactics dictate your future.

Ready to fight for what’s right? Contact Bloom Legal Network today for expert legal assistance.

Send Us an Email at info@bloomlegal.com or Call Us  504-599-9997