Reviewed and Verified by Attorney Allan Berger, Licensed in Louisiana since 1974.
If your insurance company has denied your claim, delayed payment, or offered less money than you believe you are owed, you may need legal help. A New Orleans insurance claims lawyer can review your case and explain your options.
At Allan Berger & Associates, P.L.C., we help people in Louisiana deal with insurance claims and coverage disputes. Whether your claim involves a car accident, property damage, an injury, or another loss, we can review your policy and the insurance company’s decision.
Call 504-526-2222 or request a free case review.
What Can a New Orleans Insurance Claims Lawyer Do for You?
Insurance policies explain what the company will pay for and what it will not cover. They also set rules for filing claims. Disputes can arise when an insurance company refuses to pay, pays too little, or takes too long to decide.
Our attorneys can help by:
- Reviewing your policy to see what it covers.
- Looking into denied or underpaid claims.
- Checking why payment has been delayed.
- Gathering records to support your claim.
- Speaking with the insurance company on your behalf.
- Reviewing whether the company has broken the terms of your policy.
- Filing a lawsuit when the facts and law support it.
Our steps depend on your policy, the loss, and the reason for the dispute.
What Types of Insurance Claims Do We Handle?
Allan Berger & Associates, P.L.C. has handled insurance disputes involving injuries, property damage, and other losses.
|
Type of claim |
Examples |
| Uninsured or underinsured motorist claims | Injuries caused by a driver who has no insurance or not enough coverage |
| Property insurance claims | Disputes over damage to a home or other property |
| Fire insurance claims | Disagreements over payment for fire damage |
| Life insurance claims | Disputes over life insurance benefits |
| Disability claims | Denied or stopped disability payments |
| Construction defect claims | Disputes over insurance for building problems |
| Product liability claims | Insurance disputes involving defective products |
| Nursing home claims | Insurance issues linked to claims of harm or poor care |
Some claims are made under your own insurance policy. For example, you may ask your insurer to pay for damage to your home.
Other claims involve another person or business whose insurance may cover your losses. You can also learn more about our medical malpractice and nursing home claims practice.
Why Do Insurance Companies Deny or Underpay Claims?
An insurer may refuse payment because it believes the policy does not cover the loss. It may also disagree with the amount you requested.
Common disputes involve:
- The cause of the damage or injury.
- Policy exclusions or coverage limits.
- Whether the policy was active when the loss occurred.
- The cost of repairs or medical treatment.
- Missing documents or proof of the loss.
- The value of damaged property or the seriousness of an injury.
A denial does not always mean the decision is correct. The policy wording, the reason for the denial, and the available records can help determine whether you have grounds to challenge it.
What Are Your Rights When an Insurance Claim Is Delayed?
Louisiana law sets deadlines for certain insurance payments. The deadline depends on the type of claim and whether the insurer has received the required proof of loss.
Under Louisiana Revised Statutes 22:1892, certain covered payments may be due within 30 days after the insurer receives satisfactory proof of loss. The law also addresses other payment and settlement duties.
For certain major residential property losses, Louisiana Revised Statutes 22:1892.2 provides a separate 60-day payment period after satisfactory written proof of loss.
These deadlines do not require insurers to pay every amount requested. Coverage, the documents submitted, and the specific legal rules all matter.
If your payment has been delayed, a lawyer can help determine which deadlines apply and whether the insurer may have failed to meet its duties.
Can You Sue an Insurance Company for Bad Faith in Louisiana?
Insurance companies must follow Louisiana law when handling covered claims. In some situations, an insurer may face a bad-faith claim if it unfairly refuses payment or fails to meet its legal duties without a valid reason.
Depending on the facts, you may be able to seek:
- Benefits owed under the policy.
- Penalties allowed by Louisiana law.
- Certain financial losses caused by the insurer’s conduct.
- Attorney fees when the law permits them.
These remedies are not automatic. A company disagreeing with your claim does not, by itself, prove bad faith. The circumstances must meet the legal requirements for the relief you seek.
How to Challenge a Denied Insurance Claim
If your insurance company denies your claim or offers less than you believe you are owed, these steps may help.
1. Ask Why the Claim Was Denied
Request a written explanation. Ask the insurer to identify the policy terms it relied on to make its decision.
2. Read Your Policy
Check what the policy covers, what it excludes, and whether limits or deductibles apply.
3. Gather Your Records
Keep documents that support your claim. These may include medical bills, repair estimates, photos, receipts, letters, and other relevant records.
4. Ask the Insurer to Review Its Decision
You may be able to submit more evidence or request a second review. Follow the steps that apply to your policy and claim.
5. Speak With a Lawyer
A lawyer can review your case and explain whether to negotiate with the insurer, send a formal demand, or consider a lawsuit.
You can also file a complaint with the Louisiana Department of Insurance. The department may review certain complaints about insurance companies. However, filing a complaint does not replace a lawsuit or extend legal deadlines.
Why Choose Allan Berger & Associates, P.L.C.?
Attorney Allan Berger has been licensed to practice law in Louisiana since 1974, and our firm has served clients from New Orleans since 1975.
We handle insurance disputes involving car accidents, property damage, disability benefits, and other losses. Our team will review your situation and explain the steps you may take to challenge an insurance decision.
Call 504-526-2222 or contact us online for a free case review.