Brandner Law Firm

Insurers' 10 dirty little secrets

2011-11-28T09:45:00.003-06:00

Here is a link for an article on MSN Money that describes 10 dirty secrets that insurance companies like to use to save money by lowering the value of claims made against them:

http://money.msn.com/insurance/insurers-10-dirty-little-secrets?cp-documentid=6857400

U.S. Consumer Product Safety Commission Provides Three Steps to a Safe Halloween Celebration

2011-10-24T16:49:00.002-05:00

WASHINGTON, D.C. - From a fall resulting in a dislocated shoulder, to an open flame resulting in second degree burns, each year CPSC receives reports of injuries involving Halloween-related costumes, décor, and lighting. These incidents are preventable. Using CPSC's three-step safety check at http://www.cpsc.gov/cpscpub/prerel/prhtml12/12018.pdf, consumers can ensure that their fright night fun is not haunted by Halloween injuries

"Too often Halloween make believe has resulted in real life injury," said CPSC Chairman Inez Tenenbaum. "Fortunately, prevention is simple. Choose flameless candles, flame-retardant materials, and well-fitting costumes to reduce the risk of injury this Halloween."

With CPSC's quick and easy Halloween safety check and just five minutes of inspection, consumers can avoid problems that previously have plagued the trick-or-treat trail. This safety check will help consumers to: (1) prevent fires and burns, (2) ensure that kids can see and be seen, and (3) outfit kids for safety.

Halloween-related incidents can involve a number of hazards, including burns from flammable costumes that come into contact with open flames-particularly candles used to illuminate jack-o-lanterns; falls and abrasions from ill-fitting costumes, shoes, and accessories; and fires caused by burning candles left unattended, near combustible decorations or knocked over by kids and pets.

The federal Flammable Fabrics Act (FFA) requires costumes sold at retail to be flame-resistant. To prevent costume-related burns, CPSC enforces this requirement and recalls costumes and other products that violate the FFA. When making a costume at home, CPSC encourages consumers to use fabrics that inherently are flame resistant, such as nylon and polyester.

According to the National Fire Protection Association (NFPA), Halloween ranks among the top 5 days of the year for candle-related fires. To prevent candle fires, CPSC encourages consumers never to leave a burning candle unattended. Battery-operated flameless candles and other flameless lighting are safe alternatives to traditional candles.

Unique jack o' lanterns and creatively-carved pumpkins are a new popular trend.

Read CPSC's OnSafety blog on pumpkin-carving injuries and how to prevent them at http://www.cpsc.gov/onsafety

Additional safety tips to help make this year's holiday safe:

Decorations:
* Keep candles and jack o' lanterns away from landings and doorsteps, where costumes could brush against the flame.
* Remove obstacles from lawns, steps, and porches when expecting trick-or-treaters.
* When indoors, keep candles and jack o' lanterns away from curtains, decorations, and other items that could ignite. Do not leave burning candles unattended.
* Whether indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.
* Don't overload extension cords.

Costumes
* When purchasing costumes, masks, beards, and wigs, look for flame-resistant fabrics, such as nylon or polyester; or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To reduce the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes, or billowing skirts.
* Purchase or make costumes that are light colored, bright, and clearly visible to motorists.
* For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.
* Children should carry flashlights to be able to see and to be seen.
* To guard against trips and falls, costumes should fit well and not drag on the ground.
* Children should wear well-fitting, sturdy shoes. High heels are not a good idea.
* Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing their vision.
* If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has holes for eyes large enough to allow full vision.
* Swords, knives, and similar costume accessories should be made of soft, flexible material.

Treats
* Children should not eat any treats before an adult has examined them carefully for evidence of tampering.
* Carefully examine any toys or novelty items received by trick-or-treaters who are younger than 3 years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

BUYING A HOUSE? DON’T SKIMP ON A HOME INSPECTION.

2011-10-04T16:48:00.001-05:00

Robin, a 22-year old single mom, just purchased her first home to raise her young daughter. Robin wanted to hire a home inspector, but the sellers already hired someone to perform a home inspection and Robin’s real estate agent recommended that she keep the $300 and just use the seller’s inspector’s findings. Robin followed her agent’s advice.

Robin decided that she wanted to change the baseboards in the den and main hallway and began removing baseboards from the walls. While doing this, she noticed mold on the sheetrock. She removed more baseboards and found more mold. Because of this gruesome discovery, Robin tore a portion of sheetrock from the wall. Robin saw more mold and mold on the back of the wall in an adjoining room. Before Robin knew it, Robin had completely gutted her newly purchased house and mold was everywhere. Robin should have hired her own home inspector to conduct an independent inspection. That was a $45,000 mistake.

Mike, yes me, signed a purchase agreement on a new house. I knew the owner who told me that the house did flood during Hurricane Katrina, but he assured me that all repairs had been made. Fortunately, I did not take the owner’s assurances and I hired a home inspector with a reputation for his thoroughness. I remember sitting in the house during the home inspection head in my hands while the inspector recited a very long list of problems that the inspector found. Surprisingly, the home was not properly repaired after it flooded. In fact, the inspector pointed out that the back of the sheetrock showed the flood line. Apparently, the owner was more concerned with selling his house than revealing the defects within the house. I almost made a very bad mistake.

Under most states’ laws, the seller of a house has a duty to disclose all defects known to the seller at that time. The problem is that the seller can use the dumb defense and claim that the seller did not know of the defect at the time of the sale. Usually the defects are found when the new buyer has already moved into the house and becomes familiar with it. But, by that time the buyer has no recourse against the seller because most houses are purchased “as is”. This makes a home inspector extremely important.

There are many different types of home inspectors available. And, you want to make sure that the home inspector is thorough and knowledgeable in construction. The difference between the home inspector in Robin’s case and in my case was that my inspector knew to look at the back of the sheetrock visible in the air-conditioning return duct. Robin’s inspector either didn’t know, didn’t care, or just wanted to move onto the next job.

As with anything, you get what you pay for. I know my inspector cost more than Robin’s inspector. But, I didn’t have to pay $45,000 to repair my newly purchased house. My point is that you don’t skimp on a house inspector. You have just committed to one of your larger purchases in life. Why would you not research home inspectors and hire a good inspector. Learn from Robin’s mistake, don’t repeat it.

Tip of the month: Overwhelmed and Underinsured

2011-06-22T08:46:00.002-05:00

United Policyholders recently published in their June 2011 Tip of the Month helpful advice on reassessing your homeowner's insurace coverage. This is great advice to follow as we progress into the 2011 Hurricane season:

Overwhelmed and Underinsured

Those two words describe the people in Missouri, Alabama and Arizona whose homes were recently wiped out. The fact is, about 2/3 of the homes in the United States are underinsured.1 UP can help you be in the third that are not. You probably think you're already paying plenty for insurance. We couldn't agree more. But why pay all that money and still come up short?

What to do?
- Pull out your policy and calculate how much your home ("dwelling") is insured for per square foot (psf). The cost to rebuild your home will depend on its style, age and location. The cost of building most homes ranges from $150-$400 psf, so if yours is below that range, it may be underinsured.

- Call your agent or insurance company and tell them you want to make sure your dwelling is insured for full replacement value. Ask if they will send an independent estimator to your home, free of charge. Some companies will. Ask how you can adjust your policy limits without spending more. A good agent will help you do this. Take good notes on the conversations and keep them in a safe place. Consider raising your deducible and trimming non-essential coverage to lower your premium.

- Spend $7 to get a second opinion from an online home replacement cost estimator like HMFacts. Take time to input detailed information about your home.

You'll find useful tips on Picking a good insurance agent or broker, Shop Smart: Tips for Insuring Your Home, and much more at www.uphelp.org.

1.United Policyholders post-disaster survey results are consistent with insurance industry sources that estimate more than 60% of American homes are underinsured.

John Stossel Tort Reform Propaganda Seeks To Brainwash & Attack Our Constitutional Right to a Jury & Civil Justice

2011-06-17T10:48:00.002-05:00

Yesterday an attorney from Atlanta - Julie Oinonen - posted a commentary pertaining to reporter John Stossel. Because Ms. Oinonen's commentary is dead on, I am reposting her wisdom to spread the word:

If your Constitutional right as an American to bear arms (2nd amendment),to be free from search and seizure by the government (4th amendment) or your right to freedom of religion (1st amendment) was under attack---what would you do?

Fortunately, our great Constitution has set up a mechanism to enforce the protection of our rights through the 7th amendment. The 7th amendment insures our right to justice through the civil jury system. This means if someone violates our life and liberty (kills us or injures us seriously) or violates our rights and protections under the law---the way we can protect ourselves, enforce our rights, and hold wrongdoers accountable for the harms they've caused is through the civil justice jury system. Rather then taking matters into your own hands through violent means, our great country has set up a civil justice system that allows us to protect ourselves against those who might seek to violate our rights---whether they are a big corporation or a big government. Under the eyes of the law, the little guy and the powerless have a tool for standing up against injustice through the civil jury system--a constitutional right established in our 7th amendment.

Unfortunately over the past decade-- through a high priced publicity campaign funded by big corporate interests---- Americans have been incessantly subjected to an ever constant barrage of brainwashing propaganda which seeks to convince the public of a perversion that attacks the foundation of one of our most important Constitutional rights: the civil justice system, the very foundation of the 7th amendment and the primary tool we have to protect ourselves from violations of these rights.

This publicity campaign has succeeded for the most part in having many Americans believe that defendants who injure or kill people due to acts of wrongdoing or negligence shouldn't have to be held accountable because there are too many "frivolous lawsuits" or to stop "insurance rates from going up"---both patently false arguments which have been scientifically disproven.

John Stossel is a good example of someone who has bought this lie hook line and sinker and continues to perpetuate it through his hogwash "reporting" on attorneys and lawsuits. The problem is that Stossel is very hypocritical and plain inaccurate when it comes to this issue.

Hypocritical because he has had no problem in suing folks himself---unfortunately not due to legitimate reasons, for example when someone is being held accountable for injuring or killing someone due to their wrongful acts (i.e. when a company lies to consumers about a product that kills), but only when he himself was acting stupid-- i.e.goaded one of the wrestling pros into slapping him (Stossel) during an interview and then sued the wrestler.

Stossel does more harm to the American justice system and contributes to the ever present attack against our basic Constitutional rights enforced through our 7th amendment civil justice system with his clearly biased tone.

To really understand what is going on with lawsuits in America and to understand the widespread propaganda rich and powerful special interests have used to brainwash ordinary Americans into actually believing an ideology that attacks their Constitutional rights, everyone should watch this movie. Hot Coffee is the must see movie to explain the true reasons that corporations--primarily banks and insurance companies-- have worked at the expense of ordinary Americans to slowly wear down our Constitutional rights under the 7th amendment.

This is a fabulous film that is not only entertaining, but a great way to educate yourself about rights under the U.S. Constitution that are under attack by powerful interests. Regardless of your political persuasion---whether you are a Tea Partier, Republican, or Democrat---you will enjoy this movie immensely.

New Orleans CityBusiness Top 50 Leadership in Law Honoree

2011-01-13T20:56:00.005-06:00

Congratulations to Michael Brandner of the Brandner Law Firm who has been selected as a New Orleans CityBusiness' Top 50 Leadership in Law 2011 Honoree!

http://neworleanscitybusiness.com/blog/2011/01/13/2011-leadership-in-law-honorees-announced/

Facebook Privacy - Please check your Facebook settings!!

2010-10-29T10:56:00.002-05:00

On May 26, 2010, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user's Facebook "wall" are considered private so long as the user has his privacy settings set such that only "friends" can see the wall postings. Accordingly, such private communications are not subject to discovery in a civil proceeding. See Crispin v. Christian Audigier, Inc., 2010 U.S. Dist. Lexis 52832 (C.D. Calif. May 26, 2010). The Court held that it makes no difference whether the Facebook user at issue has thousands of "friends," rendering the user's network potentially very large.

Therefore, log into Facebook and check your settings to prevent the government, insurance companies and your employer from misusing the information and pictures you post on Facebook.

Here's Really Why Your Insurance Rates Go Up - and Then Don't

2010-10-29T08:20:00.003-05:00

Recently, Joanne Doroshow, a writer for the Huffington Post, explained in an article why lawsuits are not the cause of insurance hikes:

http://www.huffingtonpost.com/joanne-doroshow/heres-really-why-your-ins_b_775077.html

The Chamber Litigation Machine: How the Chamber Uses Lawsuits to Keep Americans Out of Court

2010-10-27T12:21:00.002-05:00

For years, the U.S. Chamber of Commerce has led the charge to undermine and destroy America’s civil justice system. The Chamber has spent hundreds of millions of dollars financing efforts to close the courthouse doors to American consumers through massive lobbying campaigns, advertising and bankrolling anti-consumer political candidates. It has its own multimillion dollar affiliate, the Institute for Legal Reform (ILR), whose sole mission is to restrict the ability of individuals harmed by negligent corporations to file suit.

Yet ironically, the Chamber is also one of the most aggressive litigators in Washington, D.C., appearing in hundreds of lawsuits a year. The Chamber has its own litigation arm, the National Chamber Litigation Center (NCLC), which both files its own lawsuits and enters into the lawsuits of others more than 130 times a year.

The Chamber spends an unrivaled amount of money lobbying to restrict access to the courts for ordinary Americans, then files copious lawsuits and briefs in defense of the likes of AIG, Wal-Mart, Firestone and a slew of pharmaceutical and insurance companies.

In almost every case, the Chamber’s litigation on behalf of corporations has come at the expense of Americans’ health or financial security.

Fact Sheet: The Chamber Litigation Machine: http://www.justice.org/cps/rde/xbcr/justice/ChamberLitigationFactSheet.pdf

Download AAJ's report, "The Chamber Litigation Machine: How the Chamber Uses Lawsits to Keep Americans Out of Court":
http://www.justice.org/cps/rde/xbcr/justice/ChamberLitigationMachine2010.pdf

My house caught on fire, what do I do? - Avvo.com

2010-09-20T17:31:00.000-05:00

My house caught on fire, what do I do? - Avvo.com

BP trying to gain legal advantages over spill victims

2010-05-03T11:39:00.000-05:00

FOR IMMEDIATE
RELEASE:
May 1, 2010
BP Uses Public Information Meeting To Try To Gain
Legal Advantage Over Oil Spill Victims

Bayou La Batre, Alabama – On Saturday afternoon May 1, as the oil spill continued to work its way onto the northern Gulf Coast, BP held what it had said would be a public information meeting in the south Alabama fishing town of Bayou La Batre. Those in attendance included town leaders, fishermen, local business owners and townspeople, all of whom are certain to be economically damaged by the oil slick now bearing down on the coastline. However, BP converted the public meeting into a public relations and litigation ploy. BP told the fishermen, business owners and local officials present that it will be unnecessary for them to hire their own legal counsel, that if they call a BP 1-800 telephone number and claim total damages for themselves and their businesses of less than $5,000 dollars, then BP would pay a claim of less than $5,000 but the damaged individuals and businesses in Bayou La Batre will be required to sign BP paperwork. If the claim against BP is more than $5,000, BP told the audience they would be required to deal directly with BP's legal department.

Local town leaders took the microphone from the BP representative, and told the townspeople present not to sign BP’s paperwork.

2010 Gulf of Mexico Oil Spill

2010-04-30T23:13:00.006-05:00

If you live along the Gulf Coast, you will be affected by the oil spill created by the Deepwater Horizon explosion. As the spilled gallons of oil continue to grow and spread, Gulf Coast residents from Port Fourchon, Louisiana to Panama City, Florida will find that their day to day lives will be affected by this oil spill.

The obvious population that are now affected are the Louisiana, Mississippi and Alabama shrimpers, commercial fishermen, and charter-boat captains. Come Monday, people who have property on the coastal waterways in Louisiana, Mississippi and Alabama will also find their lives altered by the oil spill.

Unfortunately, another consequence of the oil spill is that attorneys with little to no knowledge of how to properly litigate claims under the Oil Pollution Act are trying to represent clients. The OPA was enacted in response to the Exxon Valdez oil spill. The OPA's purpose was to punish the responsible parties and make them liable for all clean-up costs incurred. But, the oil companies were also allowed to use the OPA to drag out the claims process and limit their liability for damages caused by an oil spill. Now, we are hearing about the mad-dash attorneys are taking to file class action lawsuits and trying to grab every client they can to generate profits. But, how familiar are they with the OPA?

It is important for a person to interview an attorney prior to retaining an attorney. Inquire him or her about his or her knowlege of the OPA. Unfortunatley, in the wake of Hurricane Katrina, many people realized too late that their attorney was not as familiar with insurance law as first thought. Also, research the aggressiveness of your attorney. Is he or her one that would settle too quickly? Or, is he the attorney that would take your case to trial to ensure maximum results for you?

As a trial lawyer, I want to go to trial. I want you to receive the most compensation for your damages. The defense attorneys that I fight against are completely aware of my willingness to go to trial and this reputation also makes them aware that I will not settle for pennies on the dollar. This is a characteristic that a tial attorney should have when you interview them about your oil spill claim.

If you have a question, please call 504.552.5000 or e-mail me at Michael@BrandnerLawFirm.com

Offers of Judgment

2010-04-26T09:05:00.002-05:00

An article in today's Atlanta Journal-Constitution discussed the fairness of Georgia's "offer of judgment" statute. In Georgia, and in all federal court cases, an offer of judgment is an offer made by the defendant in a lawsuit for the plaintiff to accept a settlement amount determined by the defendant. Simply, it is an offer to settle the case. The problem, however, are the consequences associated with not accepting the offer.

If the plaintiff does not accept the offer of judgment, and the plaintiff loses the case or receives a judgement lower than the amount of the offer of judgment, then the defendant is entitled to reimbursement of court costs and attorney's fees from the time of the rejection of the offer of judgment.

The prejudice associated with the "offer of judgment" statute is that it is a tool only available to the defendant. Therefore, if the defendant drags its feet on resolving the case, the plaintiff cannot use an offer of judgment to ensure that the defendant's lack of settlement cooperation does not result in an increase in court costs for the plaintiff.

Fortunately, for Louisiana residents, the Louisiana equivalent of the Georgia, Federal, and most other states' "offer of judgment" statutes levels the playing field. Specifically, it allows the plaintiff to submit an "offer of judgment" to the defendant. If the plaintiff receives a judgment in excess of 25% over the amount of the "offer of judgment", then the defendant must reimburse the plaintiff all court costs and attorney's fees from the time of the defendant's rejection of the offer of judgment.

For a plaintiff, an "offer of judgment" must be used cautiously and only at times where the plaintiff's claims are solid enough to scare a defendant. But, the Brandner Law Firm has used "offer of judgments" effectively when the defendants are trying to starve Brandner Law Firm's clients until the clients become desparate for any amount of money. These offers also produce a quicker result for cases with clear liability. Therefore, it is time for legislatures across the country to begin to allow plaintiffs to use "offers of judgment".

Hurricanes Gustav and Ike claims

2009-08-07T10:48:00.004-05:00

If you or someone you know continues to wrestle with insurance claims from Hurricanes Ike or Gustav, now is the time to consider hiring an attorney. When handling these claims, the one common factor that can prove beneficial or detrimental to an insurance claim is how the claim develops during the pre-litigation claim process.

For example, if you have an ongoing flood claim, have you timely submitted your proof of loss with your flood insurer? If not, you may lose the right to sue on your supplemental claim. Federal law concretely states that a litigant who fails to timely file a proof of loss loses their right to collect on a supplemental claim.

Another example is developing a claim for business interruption and failing to recreate or maintain your financial records to prove your claim for business interruption. After Hurricane Katrina, many people fled and lost contact with companies that handle their accounting and accounts receivables, the recovery of data from these companies will be crucial during litigation. We have found that the earlier the attempts to find these companies or their owners, the more success we had with finding the people or companies.

Another example is ensuring that any physical evidence that shows damage from the storm is preserved. The best way to show this damage is through photographs, but sometimes photographs accidentally send the wrong message. In one case a tree fell on a house causing severe roof damage and subsequent interior rain-water damage. The problem with the case was that we only had a few pictures of the branches that fell on the house after they had been cut off of the house. What would have been a better display of the damage would have been exterior and interior pictures of the tree on the house that show the hole created by the fallen tree.

These are just a few brief examples of why an attorney should be retained on an insurance claim for damage to a home or business after Hurricanes Ike and Gustav. If you continue to wrestle with your insurance company, please call the Brandner Law Firm for a free consultation. Or, e-mail me at Michael@BrandnerLawFirm.com.

Why an insurance companies' independent medical examination is not very "independent".

2009-04-01T14:03:00.003-05:00

Recently, the New York Times discussed ways insurance companies abuse the use of independent medical examinations that insurance companies require claimants to take. The jest of the article is that these independent medical examinations provide an insurance company with the ability to improperly delay or deny payment on a claim. Here is the article:
http://www.nytimes.com/2009/04/01/nyregion/01comp.html?_r=2&pagewanted=1&hp

My house flooded, what do I do now?

2009-03-31T15:26:00.003-05:00

Over the last few weeks, many homes have been overwhelmed with floodwaters due to rising rivers. As many of us in south Louisiana learned after Hurricane Katrina, how a homeowner handles a flood claim from the inception of the claim may hurt or help the claim on the homeowner's flood insurance policy. The flood insurance policy is underwritten by the federal government and operated through the National Flood Insurance Program. And, importantly, it is subject only to federal law.

Under federal law, the homeowner must follow all procedures described in the policy of flood insurance. Failure to follow the policy's procedures may result in a dismissal of your flood claim. For example, the homeowner must submit a formal proof of loss under the flood policy. If a formal proof of loss is not filed, then the flood insurer may deny the claim or, if in litigation, may move to dismiss your flood claim in a summary judgment. Therefore, the first action you should take after filing your initial claim is to request a copy of your flood insurance policy from your insurance agent. Then, make sure you follow the procedure described therein.

As always, if you have any questions regarding your flood insurance policy, you should contact an attorney with knowlege and experience in handling these flood claims.

Placing profits over the protection of the insured.

2009-03-30T17:10:00.004-05:00

A recent article in a magazine devoted to the insurance industry recommends that insurance companies hire trial lawyers at the beginning of a claim made by a policyholder (also known as the "insured") or a third party. The purpose behind this recommendation is to better develop reasons for denying an insurance claim. Therefore, this magazine recommends that instead of rightfully paying an insurance claim - i.e. protecting the policyholder or third party, the insurance company should hire lawyers or other professionals to determine the best ways to deny coverage of the claim, which would result in protecting the insurance companies' profits. This recommended practice completely contradicts the purpose behind purchasing insurance - to protect the customer or insured when disaster strikes.

Unfortunately, this practice is becomming increasingly more visible. Over the last few months I have noticed that insurance companies are either denying claims for absurd reasons or delaying payment of insurance proceeds for reasons that are not related to the insurance claim. To combat these practices, claimants that hire attorneys in the beginning of a claim become better prepared when developing their claims. An attorney who is familiar with these insurance tactics will not only recognize them and prevent them from damaging your claim, but an attorney will also use them to develope a bad-faith claim against the insurance company who engages in such practices. Bad-faith claims are the only way to penalize insurance companies for the aformentioned tactics. And, only when the penalties start to cut into the insurance companies' bottom line will the insurance companies cease these bad-faith practices.