Hurricane Katrina: Legal Issues - Columbus School of Law

Filing and preserving a claim: General suggestions
First, contact your insurance agent immediately. If you are unable to contact the agent, contact the insurer directly.
For contact information, see Appendix. Make sure your agent knows how to contact you if you have a temporary
telephone number or mailing address, as it might be necessary for the agent to call you or mail you necessary claim
forms. Remember, your agent likely works for the insurance company or has some allegiance to the insurance
company. So, if in doubt, contact an independnet expert to assist you instead of relying on advice from your agent or
from the insurance company. In addition, document all communications with your agent or the insurance company in
writing. If your agent or the insurer represents something to you verbally, confirm it in writing with a follow-up
letter.
Second, read your policy carefully and take note of any deadlines for submitting a proof of loss, as well as deadlines
for filing suit against your insurer. Make sure that you comply with all deadlines or obtain an extension of these
deadlines from your insurance company in writing.
Third, take reasonable steps to prevent additional damage to your property if you can do so safely. Many insurance
policies exclude coverage for additional damage caused after the original loss if you fail to take reasonable steps to
prevent damage. Keep any receipts for this emergency repair work. If you vacated your home during the storm, do
not return to the damaged home until you are sure re-entry is safe. If your house suffered structural damage, make
certain it will not collapse. Have a utility technician inspect your home to make sure there are no live electrical wires
or gas leaks.
Fourth, make a list of all your damage (structural damage to real property and other damage to personal property - the
contents of your home). When creating this inventory, include a description, brand name, estimated date on which
you purchased the item, model and serial number if available, and your estimated loss. Document the state of your
home and its contents if possible. For example, photograph or video any structural loss or any damaged property.
Your insurance company will probably send an adjuster to your home to inspect the damage (or maybe two adjusters
- one to inspect structural damage and another to inspect damage to the contents of your home). If possible, keep all
damaged property until the adjuster has had an opportunity to inspect it. If you are required to dispose of damaged
property before the adjuster is able to inspect, make sure to photograph or otherwise document the property before
disposal.
[See National Association of Insurance Commissioners, Emergency Information for Hurricane Katrina Victims (Sept.
2, 2005 Press Release) at http://www.naic.org/Releases/2005_docs/Gulf_help.pdf; Hurricane Insurance Information
Center, Insurance Advice Offered for Hurricane Katrina Damage Recovery (Sept.. 2, 2005) at
http://www.disasterinformation.org/disaster2/latest/insurance_advice/; Insurance Information Institute, Settling
Insurance Claims After a Disaster at http://www.iii.org/media/hottopics/additional/settlingclaims/; Mississippi
Insurance Department, Dale Asks for Assistance and Patience in Handling Insurance Claims (Aug. 30, 2005 Press
Release) at http://www.doi.state.ms.us/pressrel/Katrina.pdf.]
FEMA Benefits
BASIC INFORMATION
What is FEMA?
FEMA is the Federal Emergency Management Agency, which steps in to manage and coordinate many government
assistance programs after the President declares a federal disaster area. When the President declares a “major
disaster” in the United States or its territories, federal assistance is made available, pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5121 et seq., to supplement the efforts and