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New Orleans Nightmare

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jhavard

Junior Member
Name of state: Louisiana, New Orleans
Part A
We notified my mothers homeowners insurance company in mid-September that we were positive her house had storm damage along with the flooding (we could see damage to her roof on satellite photos). After many phone calls, in December, an adjuster finally called and said he would be coming out to look at the home. He had told me that he would be going to the house in two weeks on a Thursday so my husband and I had made arrangements to miss work in order to meet him there. Instead, he called Wednesday night and said that he had gone that day (wouldn't that be unlawful entry?). He told me that he had gone inside and checked things out and had seen the collapsed ceiling in the garage and the damage to the roof. I questioned him as to whether he had caught the ceiling in one of the closets that had also collapsed. He said he had but then called back a few minutes later asking for rough dimensions on that closet so I knew we would be in trouble. Now, in February we have finally received the report. She was under insured but did have replacement coverage and loss of use included in her policy and since I am sure we won’t max the policy out on “storm” damage it should not really be a problem (flood is another story). The adjusters report / insurance check is evidently in the mail for $5,400.00. They have way underestimated the roof replacement cost (on a 5-year-old roof) and did not include any roof vents, which were torn from the house (one of which was for the furnace so that is ruined as well). They only have about 1/2 of the fence included and then deducted 50% from that because they were shared fences. She had two exterior doors kicked in and a window broken by various search and rescue teams. In all but three rooms there is significant ceiling damage that is obviously caused by water from above. The list kind of goes on and on. When I called them I was told to get an estimate from a contractor and fax that in to them. I told them that there was a significant amount of damage that had not been included but again I was told to fax an estimate in with the heading "supplemental". Should I do that or call a private adjuster, call an attorney? What should be my next step?

Part B
They have never given her a dime for loss of use. Her neighborhood was not even open to look at until October 5th and people were not allowed to "live" there until (I think) last month. Even if we bought her a trailer and put it in her yard power has still not been restored to her street yet so she could not live there. FEMA will not assist because she has insurance but she has gotten nothing from insurance. Shouldn't she be eligible for something under "loss of use"? For over 4 months she legally could not live in her house even if it has sustained no flood damage. How does "loss of use work" in a case like this?
 


jhavard

Junior Member
Thank you

I wanted to say thank you for all of the wonderful advise. My mother, the widow of an attorney, thanks you as well.
 

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