Hurricane Katrina: Legal Issues - Columbus School of Law

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2.3.7 Commercial leases 2.3.7.1 Duty to repair 2.3.7.2 Termination 3 Mortage Law 3.1 General Law 3.1.1 What steps should be taken by a disaster victim who is unable to make mortgage payments? 3.1.2 Can a lender foreclose on a Mississippi home through "power of sale" (non-judicial foreclosure) for nonpayment after a disaster? 3.1.3 Are there any limits on the right to foreclose through judicial foreclosure? 3.1.4 What relief is available to an owner of mortgaged rental property? 3.1.5 For how long may the foreclosure be stopped? 3.1.6 Other inconsistent state laws are temporarily suspended. 3.1.7 State law protection does not apply to federal mortgages. 3.1.8 Other than conventional financing, what types of loans are available to help replace personal property or rebuild a home or business damaged as a result of a disaster? 3.1.9 Options for relocating and refinancing. 3.1.10 What steps should be taken to prevent foreclosure of the home of someone who has died? 3.1.11 General suggestions. 4 Property Law 4.1 Claiming financial and personal property 4.1.1 How long does a person have to claim financial property held by an entity or person affected by a disaster? 4.1.2 What steps should a person take to claim financial property? 4.1.3 What happens to personal property such as cars, equipment, furniture, or other items that have been recovered by state or municipal authorities? 4.1.4 Is there any way to recover property that has already been sold? 4.1.5 Who owns personal property that is carried onto the land of another? 4.2 Movement of Land 4.2.1 What happens to property lines if land has been washed away because of water movement? What happens when an owner gains additional land as a result of water movement? 4.2.2 How do I prove land lines after a storm that moves soil? 4.3 Removal of Debris 4.3.1 As between neighbors, who is responsible for removing debris from a storm? 4.3.2 Does the government have a duty or right to remove debris? 4.4 Liability for damages 4.4.1 Does a property owner have a right to sue another property owner whose property, debris or trees were transported to his land by a storm? 4.4.2 What if an owner’s property is damaged by a neighbor’s tree that was dead before the storm? 4.4.3 Can the state be held liable for property damage as a result of their emergency management activities? 4.4.4 Are government authorities involved in the clearance and removal operation liable for personal injury or property damage incurred as a result of their actions? 4.4.5 If I voluntarily open my property as a shelter during a natural disaster, am I liable to others for any resulting personal injury or property damage? 4.5 Use of private property by others 4.5.1 When may an individual in an emergency use the property of another? 4.5.2 When may an owner or occupant use force to remove trespassers? 4.5.3 When may an owner or occupant of land use force to protect property? 5 Insurance Law
5.1 Homeowner's Insurance 5.1.1 Covered losses 5.1.1.1 What steps should a homeowner take to file a claim? 5.1.1.2 What damage caused by a hurricane is likely to be covered? 5.1.1.3 How does a homeowner prove the cause of damage? 5.1.1.4 What if damage was caused by both wind and water? 5.1.1.5 Will a homeowner’s policy cover damage caused by falling trees? 5.1.1.6 Will a homeowner’s policy cover removal of a tree that falls on a neighbor’s home? 5.1.1.7 Will a homeowner’s policy cover mold and wet rot? 5.1.1.8 Will a homeowner’s policy cover loss of use of a home? 5.1.1.9 Will a homeowner’s policy cover loss of personal property? 5.1.1.10 Must a claim be resolved before repairs begin? 5.1.1.11 What should a homeowner do if an agreement cannot be reached? 5.1.1.12 Is recovery affected by a homeowner’s absence from the house? 5.1.1.13 What amount will an insurance company pay for a covered loss? 5.1.1.14 How are insurance proceeds used when a destroyed home was subject to a mortage? 5.1.1.15 May insurance funds be used to rebuild a home in another location? 5.1.1.16 Must insurance funds be used to rebuild? 5.2 Flood Insurance 5.2.1 What steps should an owner take to file a flood insurance claim? 5.3 Automobile Insurance 5.3.1 Will comprehensive automobile policies cover damage or destruction to a car by Hurricane Katrina? 5.3.2 Will collision policies cover damage or destruction to a car by Hurricane Katrina? 5.3.3 If a loss is covered, what amount will the policy pay? 5.4 Commercial Property Insurance / Business Interruption Insurance 5.4.1 What hurricane-related losses are likely to be covered by commercial property insurance? 5.5 Life Insurance 5.5.1 What steps should a beneficiary take to collect on a life insurance policy? 5.5.2 What if a beneficiary cannot locate the policy? 5.5.3 What type of payments are made through life insurance? 5.5.4 How can a beneficiary file a claim if there is no death certificate? 5.5.5 What if a deceased’s records were destroyed and the family does not know whether there was life insurance? 5.5.6 How long does it take to receive benefits? 5.5.7 What should a beneficiary do if a claim is denied? 5.5.8 Filing and preserving a claim: General suggestions 6 FEMA Benefits 6.1 BASIC INFORMATION 6.1.1 What is FEMA? 6.2 RELIEF AVAILABLE 6.2.1 What types of disaster assistance does FEMA administer and coordinate? 6.3 ELIGIBILITY 6.3.1 Am I eligible for assistance from FEMA? 6.3.2 Are aliens eligible for Federal disaster assistance? 6.4 HOW TO APPLY 6.4.1 How do I register with FEMA? 6.4.2 What are Disaster Recovery Centers? 6.4.3 How will FEMA process my request for help? 6.4.4 What type of ownership documentation can the applicant provide to support his or her application for help?
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Page 7 and 8: 10.1 Child support 10.1.1 Are FEMA
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Page 21 and 22: General suggestions. Contact Your M
Page 23 and 24: Liability for damages Does a proper
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Page 35 and 36: Yes, FEMA is authorized to accept l
Page 37 and 38: eceipts to FEMA through the IHP pro
Page 39 and 40: from FEMA, you must repay the amoun
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Page 43 and 44: MEDICAID, CHIP, WIC What Is Medicai
Page 45 and 46: What Is WIC? WIC is The Supplementa
Page 47 and 48: How Do I Replace My Social Security
Page 49 and 50: should contact the state Department
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146.113(b)(2) (2004). What health i
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The FMLA provides an option for emp
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award. A decrease in child support
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How does the foster care system wor
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What are the criteria for appointin
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When, or under what circumstances,
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Investigation 1. Review any court f
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confidential (meaning it is not a p
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A child must be immediately informe
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e a runaway. “Probable cause” m
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Tell your child to show respect, bu
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Check out the charity's financial i
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If your car was submerged or standi
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hurricane that live outside of the
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Because of the difficulty in comfir
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International Educators http://www.
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transportation within a short perio
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. St. Paul Travelers 800-CLAlM33 (8
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