Fast Action Required To Make Homeowners Insurance Claims

Published on December 15, 2009 by

In the past, we discussed whether Homeowners Insurance will be liable for Chinese Drywall damages in Louisiana. While the jury is still out on this issue, we’ve posted on a number of occasions that the courts may very well find coverage for chinese drywall losses within homeowner insurance policies.

Now, many are reporting that a guest lecturer at the National Association of Public Insurance Adjusters just recently predicted that courts will find at least some coverage for Chinese Drywall damages (As per Merlin Law Group). Earlier in the year, the folks at Merlin Law Group also posted that the FC&S Bulletin’s June 2009 edition also indicated that there would be coverage for Chinese Drywall losses under homeowner insurance policies.

So, while it’s far from certain that Chinese Drywall damages will be covered by standard homeowner insurance policies…it’s also far from certain that courts will disallow such coverage. One thing is certain: insurance companies have largely taken the position that the policies do not cover the damages, and are denying these claims across the board.

This begs the question: what is the next step?

In Louisiana, most policy holders have just 1 year to file suit for insurance benefits. The time period begins from when the policy holder knew or should have known of the occurrence or loss.

News of Chinese Drywall problems broke across Louisiana between January and March 2009. Arguably, those with Chinese Drywall “should have known” of the problem starting at this time. To be safe, homeowners with Chinese Drywall are facing a very important deadline as the new year approaches.

With so many questions about who is liable for this Chinese Drywall mess, it would be quite devestating for homeowners who may have a viable claim against their homeowners insurance, to lose that claim because they failed to take the necessary action before the alloted time expired.

News around the country is that the insurance industry may be liable for these Chinese Drywall losses. If you have Chinese Drywall losses, you should consider filing suit to enforce your claim for coverage….or risk losing the opportunity.

3 users responded in this post

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ken martin said in December 15th, 2009 at 10:18 am

Chinese drywall solution A non-evasive, cost effective way of eliminating your Chinese drywall problem. Call Ken Martin at 401 996 6690 or visit our website http://www.abshield.net

Joseph Weissglass said in December 31st, 2009 at 8:57 am

It is likely that these insurance companies will want a guaranteed test before offering any coverage for Chinese drywall.

visit http://www.certified-chinese-drywall-testing.com for more information.

[...] December 2009, we wrote that “Fast Action” was required for homeowners to make Chinese Drywall claims against their homeowners insurance policies. Why? Because policy-holders in Louisiana [...]

[...] This is a really terrific decision for Louisiana homeowners who have filed insurance claims. For those who have not filed a homeowners insurance claim, time is running out! [...]

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Wolfe Law Group has positioned itself as a leader in legal commentary on the Chinese Drywall crisis in Louisiana. It is available to homeowners interested in bringing a direct action against its builders, and offers services to builders, suppliers and other construction professionals facing drywall claims. more...

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Chinese Drywall Blog

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New Orleans, LA 70115
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Keywords: Chinese Drywall, drywall,
Chinese Drywall ligation, imported drywall,
Chinese Drywall defense, Louisiana law,
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Chinese Drywall, Builder Liability