Diliberto Law Firm Property Loss Lawyer Metairie | Property Insurance & Construction Law2025-09-10T12:40:03Zhttps://www.getrjd.com/feed/atom/WordPress/wp-content/uploads/sites/1302198/2019/09/apple-touch-icon-75x75.pngOn Behalf of The Law Office of Robert Diliberto<![CDATA[What are some common types of business insurance claims?]]>https://www.getrjd.com/?p=466342022-06-13T17:02:04Z2020-09-30T06:38:39Zbusiness insurance policy to protect their business should the physical business itself be damaged or should a crime be committed against the business. The following are some common claims businesses may file with their insurance company.
Burglary and other theft crimes
Any business can be subject to theft crimes such as burglary. In fact, burglary is one of the most common type of business insurance claims. Theft crimes can even be committed by angry customers or employees.
Fire claims
When a business catches on fire, it can cost a significant amount of time and money to clean up the building so that the business can continue operations. It does not take very long for a fire to cause a serious amount of property damage. It is important that business insurance companies cover fire damage claims, so the business can get back on its feet.
Wind-damage claims
Wind damage is common in Louisiana, a state that can see high gusts of winds especially during hurricanes. Wind damage can shut down a business for a significant amount of time, and some businesses may find they are unable to open again altogether. Thus, it is important that your insurer covers your wind-damage claim.
Customer injuries
When you operate a business, it is almost unavoidable that sooner or later someone will be injured on your property. This might be due to a slip-and-fall or due to a falling object. If your insurance policy covers customer injuries, it could be the protection you need if someone gets injured while in your business.
What if your business insurance claim is denied?
Unfortunately, those who feel they have a valid claim for benefits under their business insurance policy may still find their claim is denied. When this happens, they can contact their insurer in writing disputing the claim or asking for further details on why the claim was denied. However, if that fails business owners may need to go to court. If you want to dispute a denied claim, it can help to retain an attorney who will protect your interests against insurance companies and in court if necessary.]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Turn to legal help when insurance claims are wrongly denied]]>https://www.getrjd.com/?p=466312022-06-13T17:02:14Z2020-09-23T03:21:27Znatural disaster to see just how far your insurance company is willing to go to help you out. Sadly, far too often it’s not very far, as a lot of insurance companies try to do everything in their power to avoid paying out a claim. If you’re claim is denied, you shouldn’t just sit back and be disappointed or get angry. Instead, you should funnel your frustrations into action so that you can secure the compensation to which you’re entitled.
Don’t let insurance companies walk all over you
Insurance companies do a lot to try to convince you that you’re wrong in thinking that a policy claim should be paid out. A lot of times insurance companies throw a lot terms at you that are hard to understand or they’re not clearly defined. They might present you with an interpretation of your policy that you disagree with, but then they turn to ambiguous or vague language in your policy to support their position. Don’t let your insurance company convince you that you’re wrong. If you think that you’re entitled to payment, then consult with someone who knows how to help you out.
We don’t stand for unfair practices
Insurance processes are complicated and difficult to understand. Far too often, this works to the consumer’s disadvantage. That’s why we help people decipher insurance policies and the claims process, explaining everything to them in understandable terms along the way. We push back hard against insurance companies whose bad practices are costing people their livelihoods, and we get results.
Start with help when you don’t know where to start
A lot of people who face insurance claim denials are stressed because they simply don’t know where to start to right the wrongs that have been thrust upon them. If you’re in this situation, then think about turning to a legal team like ours that knows how to fight for those who have seen unjust results from insurance companies seeking to protect their profits.]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Was it a storm or was it a construction defect that caused the property damage?]]>https://www.getrjd.com/?p=466272022-06-13T17:02:22Z2020-09-14T18:15:18Zhow to protect your financial interests in construction agreements.
Protecting your interests against faulty construction
There are three primary ways you can protect your investment against negligent or faulty construction:
Insurance: For property owners and developers, it is obvious that you need general property insurance against storms and general damages. However, there are also specific insurance packages to protect you against third-party errors like design and construction defects.
Contractual language: Using carefully considered contractual language can help insulate you against having to absorb the costs if your property has been poorly designed or constructed.
Litigation: In some cases, you have no other choice but to bring a lawsuit against the responsible party. A third-party settlement or verdict could cover the costs you have incurred for their errors.
While none of these options are simple, they are critical to making sure you don’t absorb the costs of other people’s mistakes.
There are no guarantees in the real estate development business or in any other business requiring commercial property transactions. In fact, real property is among the most complicated, costly and risky transactions.
But working with an experienced legal team, utilizing smart risk-assessment strategies and moving forward carefully can help you ensure that you protect your interests and get the best outcome possible. In cases where errors have already been made, the best thing you can do is fight aggressively to avoid having to pay for errors on the part of a construction contractor or subcontractor.]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Hurricane Laura and coverage from insurance policies]]>https://www.getrjd.com/?p=466242022-06-13T17:02:37Z2020-09-14T09:02:11Zresidential property damage claim will be approved.
Insurance policies and damages caused by natural disasters
Louisiana resident are often faced with hurricanes, and this year is no different. The damage that these storms can cause is significant, even causing some to completely lose their home and all of their belongings. In these matters, homeowners are quick to question what, if at all, is covered by their policy.
Current estimates indicate that hurricane Laura has caused between $8 billion and $12 billion in insured losses for residential and commercial properties located in both Louisiana, Texas and Alabama. Of this, only $500 million was caused by storm surge. However, the amount a homeowner will get back after making a claim for residential property damage will depend on their coverage as well as the specifics of their policy.
Coverage for damage caused by a hurricane
In order to get coverage for damage caused by a hurricane, a homeowner’s policy must spell out this damage. For example, if the strong winds from a hurricane took off the roof of a home, standard insurance policies will cover this; however, the homeowner will first need to pay the deductible. Louisiana is one of 19 states where insurers can impose a hurricane deductible. These vary and are dependent on the overall value of the home.
While standard insurance policies will cover damages caused by a hurricane, they do not cover flooding or earth movement. This means if flooding is caused by rising water or a hurricane-induced storm surge, this is not covered. Additionally, earth movement, such as earthquakes, landslides and sinkholes are not covered. In order to obtain cover, additional policies are necessary, which can be costly.
Process to take after property damage from a natural disaster
Regardless if you know your policy in and out, the first thing a homeowner should do is contact their insurer and have the damages assessed. Whether all or some of the damage is covered, it is vital to take timely action. And if a claim is denied, it is important to fully understand what options you can take to ensure you are properly covered by your policy.
]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[It’s time to check your property insurance policy]]>https://www.getrjd.com/?p=466212022-06-13T17:02:45Z2020-08-31T04:55:52Zinsurance coverage can be the difference between suffering a financial catastrophe and recovering from hurricane damage in a relatively brief time.
Most residents of states on the East Gulf Coast or the Gulf of Mexico have insurance policies that protect their homes against wind and water damage. These policies usually contain an important limitation on coverage: a hurricane deductible. This deductible refers to an amount of damage that must be incurred by the homeowner before the insurance company will pay amounts to repair storm damage. Many policies also contain wind/hail deductibles, and some polices contain both kinds of deductibles.
The amount of these deductibles usually depends upon the market value of the home. If a policy contains a 2% hurricane deductible and the house is insured for $200,000, the home owner must pay $4,000 of the loss. If the deductible were 5%, the deductible amount would be $10,000. Most insurance experts recommend that a home owners’ policy cover the replacement cost of the building, not its fair market value.
Anyone who has questions about the extent of coverage provided by their homeowners’ policy may wish to consult an attorney with experience in handling hurricane damage claims. A knowledgeable attorney can provide helpful advice on the extent of coverage in a specific policy and the amount of deductibles for which the homeowner may be liable. If an insurance company appears to be taking too long to process a claim or if it denies the claim without proper justification, an knowledgeable attorney can provide advice on available legal remedies.]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Condominium boards should protect tenants with careful hiring]]>https://www.getrjd.com/?p=466182022-06-13T17:02:53Z2020-08-19T17:50:08ZCondominium boards do more than just collect fees from residents. They also serve as the voice for everyone living in a condominium community and help to manage the maintenance and upkeep of common areas. Plus, they set and enforce standards that help maintain everyone's quality of life and property values.
When there need to be structural changes made to a building, when there are issues with mechanical systems or when there are issues in common spaces that require maintenance or repair, the board will likely be responsible for hiring construction professionals. Careful research is critical when hiring someone to work on condominium properties.
Bad work might mean a lawsuit
Just taking the lowest bid or quotes on a project could be a mistake. Although keeping costs low for condominium residents is obviously a priority, having the work done right the first time is also of the utmost importance. Re-doing work multiple times can cause frustration among condo owners and drastically increase the costs the board must pass along to owners. Hiring someone capable of doing the work properly the first time is the best outcome when the board must authorize repairs. If a contractor does a bad job or uses shoddy materials, you could wind up in a construction litigation situation where you have to seek compensation from a contractor or compel them to repair a bad job. Alternately, it's also possible for tenants to bring claims against the condominium itself if they wind up paying for repairs that don't get the job done or if unfinished work impacts their ability to live in or sell their unit.
If the worst does come to pass, make sure that you consult with an experienced attorney as soon as possible.]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Include pricing in your construction contract]]>https://www.getrjd.com/?p=466152022-06-13T17:03:00Z2020-08-04T11:24:56Zfour different pricing models that you might consider. Be sure that you clearly state the pricing model in the contract.
Fixed pricing is the model that uses an absolute term. In this case, the client is responsible for paying a set amount for the entire project. It is possible to include terms that provide a bonus for finishing the project head of schedule or a penalty for finishing it after the deadline.
Time and materials pricing sets rates per day or hour for the contractor. It also requires that the client has to pay for materials that are needed to complete the project.
Cost plus pricing means the client pays for everything related to the project, including all materials and labor costs. There is also a fixed fee or a percentage basis that’s added to cover other things, such as overhead costs and profits, for the contractor.
Unit pricing is a model that helps to break up some projects into smaller pricing. It’s common for large or complex projects. The units can be set by task or location.
If a client comes to you claiming that you breached the contract or if the client breached the terms, you need to take immediate steps to protect your company. Contract claims can be time-consuming and costly, so be sure to find out your options from the start.]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Points to remember if a tree falls on your home]]>https://www.getrjd.com/?p=466102022-06-13T17:03:12Z2020-07-23T15:01:15ZA tree falling on your home can do considerable damage to the structure. When you realize that this has happened, you need to ensure that you’re doing what you can to get things back to normal as quickly as possible. For homeowners, this can mean having to deal with the insurance company to handle the damages.
One distinction that must be made when the insurance company comes out to assess the damage is the reason the tree fell. Typically, insurance companies will cover sudden events, such as the tree falling because of a windstorm or hurricane. They usually won’t cover things like a tree that causes damage because of a gradual issue, such as what happens when roots grow into the home. When you’re dealing with the insurance company about the incident, you need to be sure to keep clear records of what is being said and done. You need to know what your policy covers. For example, some policies will cover the tree removal, but there might be a monetary limit on that coverage. You need to know what deductible applies to your situation. This is what you’ll have to pay for the damages before the insurance kicks in. Sometimes, the insurer will just take the deductible out of the funds you receive to correct the issue. Trying to navigate through the insurance issues when you have a tree fall onto your home can be a challenge. Working with someone who is familiar with these types of situations can help to protect your interests and ensure that you get what you’re due for the incident. ]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Safe site selection and preparation: Get it right from the start]]>https://www.getrjd.com/?p=466082022-06-13T17:03:19Z2020-07-13T21:24:30Z
Soil type
Undercutting displacements
Moisture content of the soil
Site compaction
Safe site selection and preparation takes all of these factors into account to prevent trouble down the road. A geotechnical report can help you understand the condition of your soil.
Important steps for preparing your site
Once you have analyzed your site and declared it safe for building, the work has really only just begun to prepare the site. You may need to do many things before you even pour your concrete, such as:
Demolishing existing structures
Stabilizing the ground and proper grading
Excavating earth or old underground infrastructure
Shoring the ground
Removing all obstacles, including trees and shrubbery
Only at this point will you have an idea of the size of our foundation’s concrete base. It’s a good idea to have your concrete supplier on-site to help you with your assessment. A proper base is essential to prevent future cracking and crumbling.
You can then prepare the site through compacting, grading and controlling the moisture of the soil. This step needs to be specific to your soil and your project. Only once the ground is perfect can you finally begin building.
Safety first
This stage of any building project includes heavy machinery and dangerous tools. Only use experienced crews for this type of work. Make sure to properly mark all work areas. Rely on your surveyor to identify the measurements and leave their pegs in place as a guide. Proper maintenance of tools, machinery and safety equipment can not only prevent costly delays to your project, it can save the lives of employees and subcontractors.
Every builder knows the importance of a strong foundation. That foundation starts with selecting the perfect site and meticulous preparation. Don’t undercut your investment by overlooking these steps.]]>On Behalf of The Law Office of Robert Diliberto<![CDATA[Pointers for filing claims after a house fire]]>https://www.getrjd.com/?p=466052022-06-13T17:03:26Z2020-07-09T18:49:02ZThe days following a house fire are often traumatic for the homeowner and their family members. Everything they’ve amassed over they years, including special mementos and treasured heirlooms, is damaged or destroyed. During this time, dealing with the insurance company adds another layer of stress to the situation. There are several things that you should remember during this trying time. One of the most important is that you shouldn’t throw anything away. Your insurance carrier will want to see proof of the financial impact of the fire. Even if things only suffered smoke damage, you should still keep them so they adjuster can review them. You’ll need to contact the insurance company right away after the fire. Your coverage may include provisions for living expenses and accommodations, if you’re unable to live in the home because of the damage from the fire or smoke. Keep receipts for anything that you purchase or any expense that you cover so you can turn them over to the insurance company for reimbursement or to count against any advance that the company provides you against your claim.As the homeowner, you have a duty to mitigate the damages. This means that you’ll need to secure the property as quickly as possible so that no additional damage occurs to it. Boarding up the home, covering up holes and moving items within or around the home may be beneficial.You have paid your insurance premiums and you have specific rights as the insured individual. Don’t allow the insurance company to bully you into accepting lowball offers. You can opt to work with an attorney regarding these matters to ensure that your interests are protected.]]>