Dallas, TX asked in Insurance Bad Faith for Louisiana

Q: My case is currently in Louisiana Eastern District Court. Us vs Homeowners Insurance for Hurricane claim damages

The insurance company says we had no damage. We of course have damage and have proven so in a 42+ page list of damages, etc from a qualified adjuster, etc. it is currently sitting in the LA E District Court. Both parties were given an order and “forced” to settle or mediate within 6 weeks from the order. That was not done and 4 days after that order was given and on the updates in regard to our case the last note states: answer to 1 Notice of Removal, with jury demand by …. And it list in insurance company name. What exactly does that mean??

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A Louisiana attorney could advise best, but your question remains open for three weeks. It would be helpful to see the court's orders and accompanying papers. But as a general matter nationwide, if court-ordered mediation fails, a matter could move back on the trial calendar. Without seeing the court documents, it's difficult to say for certain; this is only a general speculation. If you're in federal court at the trial stage, you may already be represented by counsel, and it's likely the carrier would have assigned the file to its inhouse or outside counsel. If you're represented here, your attorney would be in the best position to advise meaningfully on this. If you are not represented, you could consider reaching out to Louisiana attorneys to try to arrange a brief consult. It sounds like it could be a substantial claim, given a 42-page adjuster's report. Good luck

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