A real challenge to you Lawyers re: Katrina

[ggd]

I posted this earlier, but I think my header was not "exciting" enough for folks to bite. I know that there are some smart ones among you out there, so I'm hoping that one of y'all will be up to tackling this one! (I know its more difficult than most I've seen on this post but what good is Lexis and Westlaw if it can't be used to solve the tough ones?)


Here it goes:


What is the name of your state? Louisiana

My question is about the Loss of Use/ Additional Living Expenses aspects of mandatory evacuations. I live in Orleans Parish and we were subjected to two seperate mandatory evacuations by the authorities of two weeks each. Homeowner's insurance policies typically cover such evacuations for a two week period -- but what if they are two seperate and discreet orders? Also, there seems to be some confusion about this coverage in respect to the actual damage sustained or not sustained by the homeowners. Some people believe that this coverage is available for evacuees basically for the loss of usage of their home because of the evacuation (regardless of whether or not their houses sustained damage). Some adjusters want to pay only if there was damage to the home. Who is right?

Lastly, how is the value of such coverage determined? In the case of mandatory evacuations it seems that ALL living expenses (and not just ADDITIONAL living expenses) are covered by many policies since it is not a matter of people choosing to leave their homes.

It would be really helpful to have someone explain exactly the differences between coverage due to mandatory evacuations and additional living expenses because of an "uninhabitable" home. Finally, is there any agreed upon definition of "habitable" for one's home -- is lack of electricity sufficient to make a place uninhabitable? Lack of drinking water? Lack of a city infrastructure such as garbage collection, schooling etc.?

Thanks for your thoughts and advice!

 

[BlondiePB]

I posted this earlier, but I think my header was not "exciting" enough for folks to bite. I know that there are some smart ones among you out there, so I'm hoping that one of y'all will be up to tackling this one! (I know its more difficult than most I've seen on this post but what good is Lexis and Westlaw if it can't be used to solve the tough ones?)


Here it goes:


What is the name of your state? Louisiana

My question is about the Loss of Use/ Additional Living Expenses aspects of mandatory evacuations. I live in Orleans Parish and we were subjected to two seperate mandatory evacuations by the authorities of two weeks each. Homeowner's insurance policies typically cover such evacuations for a two week period -- but what if they are two seperate and discreet orders? Also, there seems to be some confusion about this coverage in respect to the actual damage sustained or not sustained by the homeowners. Some people believe that this coverage is available for evacuees basically for the loss of usage of their home because of the evacuation (regardless of whether or not their houses sustained damage). Some adjusters want to pay only if there was damage to the home. Who is right?

Lastly, how is the value of such coverage determined? In the case of mandatory evacuations it seems that ALL living expenses (and not just ADDITIONAL living expenses) are covered by many policies since it is not a matter of people choosing to leave their homes.

It would be really helpful to have someone explain exactly the differences between coverage due to mandatory evacuations and additional living expenses because of an "uninhabitable" home. Finally, is there any agreed upon definition of "habitable" for one's home -- is lack of electricity sufficient to make a place uninhabitable? Lack of drinking water? Lack of a city infrastructure such as garbage collection, schooling etc.?

Thanks for your thoughts and advice!

If you did not have another thread, one could assume that this is a homework assignment.

https://forum.freeadvice.com/showthread.php?t=283181

When an area is under mandatory evacuation, this does not mean that residents have to evacuate - though it is wise to do for one's own safety. When mandatory evacuations (esp. due to hurricanes) are ordered, there are FREE shelters for the evacuees to go to. Therefore, insurance companies may/may not not pay for living expenses during this period. People who choose to go to hotels, motels, etc. do so at their own expense UNLESS this is specifically covered under one's policy. The insurance company can look at two evacuation orders as two separate events. It seems that whatever benefits the insurance company is how they will determine whether problems such as these are one event or two events. Problems regarding coverage for this need to be addressed to your governor's office.

Once the evacuation order is lifted and a person's home is not habitable (however that is defined), that is where insurance will pick up the costs of other living arrangements. How this is determined, I do not know whether the costs are picked up immediately upon one's residence being inhabitable after the evacuation order is lifted or whether the coverage starts upon the owner making arrangements for repair with contractors.

I am not an attorney. I live in "hurricane land" and here comes Wilma!

Phone numbers for those with insurance problems

State Government Insurance Help Lines
Alabama Department of Insurance Consumer Help Line
800-433-3966
334-241-4141 (outside Alabama)

Louisiana Department of Insurance Consumer Help Line
800-259-5300
225-342-5900 (outside Louisiana)

Mississippi Department of Insurance Consumer Help Line
800- 562-2957
601-359-2453 (outside Mississippi)