Your Rights When Insurance Companies Deny Catastrophic Claims
Bad Faith Insurance Lawyers Who Force Giants to Honor Their Contracts — And Win
When your commercial property is devastated by a hurricane, fire, or catastrophic event and your insurance company delays payment, drastically underpays, or outright denies your valid claim, understanding your legal rights is essential. LKSA provides the aggressive representation needed to hold insurance giants accountable and secure the full compensation your business deserves.
If Your Commercial Claim Has Been Denied: What You Need to Know Right Now
If your commercial property has been devastated by a hurricane, fire, or catastrophic event and your insurance company is delaying payment, drastically underpaying, or outright denying your valid claim, you’re facing a billion-dollar corporation that puts profits over policyholders. But you have rights, and LKSA has the elite trial experience and financial resources to fight for you and win.
You paid your premiums for years, fulfilling your end of the contract with the expectation that your insurance company would protect you when disaster struck. But when a catastrophic event threatens the survival of your business or destroys your commercial property, the insurance company’s true priority rapidly emerges: protecting their own bottom line.
Insurance companies are massive, profit-driven financial institutions. They employ armies of adjusters, investigators, and defense attorneys whose primary objective is to minimize payouts, delay settlements, or find technicalities to deny your valid claim entirely. At Lewis, Kullman, Sterbcow & Abramson, LLC (LKSA), we level the playing field. Our experienced New Orleans trial lawyers have the financial resources, the elite legal acumen, and the aggressive litigation posture required to force insurance giants to honor their contracts.
Every year, thousands of Gulf Coast businesses suffer devastating losses from hurricanes, floods, fires, and explosions. Their insurance companies respond by:
If your claim has been delayed, underpaid, or denied, you’re not alone. And you’re not powerless.
At Lewis, Kullman, Sterbcow & Abramson, LLC, we’ve spent decades taking on the biggest insurance companies in America. We’ve secured millions for businesses whose valid claims were wrongfully denied. We know how insurance companies operate, how they hide behind bad faith tactics, and how to hold them accountable.
But insurance cases are complex, expensive, and require immediate action to preserve evidence and protect your rights.
If your commercial property claim has been denied or delayed, contact us today for a free consultation. We’ll review your policy, explain your rights in plain language, and fight to get you the full compensation your business deserves.
Quick Facts: Bad Faith Insurance Claims
What qualifies as a bad faith insurance claim?
An insurance policy is a contract with a legal obligation of “good faith and fair dealing.” Bad faith occurs when an insurer violates this duty by:
Common catastrophic claims we handle:
Who can be held liable?
What you can recover:
For the underlying claim:
For bad faith conduct:
Time limits:
Catastrophic Commercial Property & Hurricane Losses
In Louisiana and across the Gulf Coast, businesses face the constant, existential threat of catastrophic weather events. When a major hurricane, fire, or explosion destroys commercial infrastructure, the resulting claims often run into the tens of millions of dollars.
Because the stakes are so high, insurance companies aggressively fight commercial property claims.
Common Insurance Company Tactics in Hurricane Claims:
“That Was Flood, Not Wind”
“Pre-Existing Damage” Arguments
Undervaluation and Depreciation Games
Delay and Deny
How LKSA Fights Back:
We do not rely on the insurance company’s adjusters. We deploy our own network of:
Independent Structural Engineers who conduct comprehensive forensic analysis of the damage and determine the true cause and scope
Leading Meteorologists who use scientific weather data to prove exactly what conditions existed at your property during the storm
Elite Construction Estimators who calculate the actual, fair cost to restore your property to pre-loss condition
Forensic Accountants who document your complete financial losses and business interruption damages
We build an irrefutable, scientific model of exactly what caused the damage and exactly what it will cost to rebuild. When insurance companies see our level of preparation, they know we mean business.
Business Interruption: Recovering Your Lost Revenue
When a disaster forces your business to close its doors, the physical damage is often eclipsed by the financial devastation of lost revenue. Business Interruption (BI) insurance is designed to cover your lost profits, payroll, and operating expenses while you rebuild.
However, BI claims are the most heavily contested area of insurance law.
Why Insurance Companies Fight Business Interruption Claims:
Business interruption claims often exceed property damage claims by 2-3 times. A building may cost $5 million to rebuild, but lost revenue during closure could reach $15-20 million. Insurance companies will do everything possible to minimize these massive payouts.
How They Undervalue Your BI Claim:
Manipulated Financial Projections
“Period of Restoration” Disputes
Continuing Expense Battles
How We Maximize Your BI Recovery:
We counter these tactics by retaining top-tier forensic accountants and industry-specific financial analysts. We meticulously calculate your true economic losses by:
We ensure that your business is fully compensated for the downtime and positioned to successfully reopen.
First-Party Bad Faith: Penalizing Corporate Greed
An insurance policy is a contract that carries a legal obligation of “good faith and fair dealing.” When an insurance company violates this duty, it commits what is known as Insurance Bad Faith.
Under Louisiana law (as amended effective July 2024), insurers can be held heavily liable for bad faith practices.
You May Have a Bad Faith Claim If Your Insurance Company:
Unreasonable Delays
Inadequate Investigation
Arbitrary Denials
Policy Misrepresentation
Lowball Settlement Offers
The Consequences of Bad Faith: Louisiana Statutory Penalties
We use bad faith statutes as a sword. If we prove your insurer acted in bad faith, Louisiana law allows us to pursue:
Statutory Penalties (La. R.S. 22:1892):
Attorney’s Fees:
Additional Damages:
For Catastrophic Losses (Hurricanes, Declared Emergencies):
Louisiana law now requires a 60-day “cure period notice” under La. R.S. 22:1892.2 before filing suit for catastrophic losses. We send this notice immediately, documenting the insurer’s violations and demanding payment. If they fail to pay within 60 days, we pursue full penalties plus attorney’s fees.
Important Note: Louisiana law now also imposes duties of good faith on insureds. If an insured misrepresents facts, submits fraudulent claims, or fails to comply with policy obligations, this can reduce penalties against the insurer. However, this does not eliminate the insurer’s fundamental duty to handle claims fairly and promptly.
We make it more expensive for them to delay your claim than to simply pay what they owe.
The Insurance Industry Playbook (And How We Beat It)
Insurance companies rely on a strategy of attrition. They know that a business bleeding revenue cannot afford a protracted legal battle. Their playbook is designed to starve you out:
The Three D’s: Delay, Deny, Defend
Delay:
Deny:
Defend:
The LKSA Advantage: We Neutralize Their Strategy
We Have the Resources for Multi-Year Litigation
We neutralize their strategy of attrition because we have the substantial financial capital to fund high-stakes, multi-year litigation. We routinely advance hundreds of thousands of dollars in case costs:
- Expert witness fees (engineers, meteorologists, accountants)
- Independent property assessments and testing
- Document production and discovery costs
- Trial preparation and demonstrative exhibits
We cannot be starved out.
We Are Trial Lawyers, Not Settlement Mills
Because we are an elite trial firm with a proven track record of winning complex cases, insurance companies know we are fully prepared to present their bad faith conduct to a jury. That credible threat of trial is the ultimate leverage required to force a fair, maximum settlement.
When insurance defense lawyers see LKSA on the other side, they know:
That changes the negotiation entirely.
We Prepare Every Case for Trial From Day One
We don’t wait to see if settlement negotiations work. We immediately:
Most cases settle only because we’re fully prepared to win at trial.
Real Clients, Real Results: Holding Insurers Accountable
While every case is unique and past results do not guarantee future outcomes, LKSA has recovered significant compensation for businesses whose insurance companies wrongfully denied or delayed valid claims.
Our case results demonstrate our ability to take on the largest insurance carriers in America and win. We have secured multiple seven-figure settlements and verdicts in complex insurance disputes involving:
These victories include:
We do not accept cases we cannot win. When we take your insurance dispute, you can trust that we have the resources, the expertise, and the trial experience to fight for maximum compensation.
Common Tactics Insurance Companies Use (And How We Counter Them)
Tactic #1: “Your Policy Doesn’t Cover This”
What they claim: “The damage you experienced falls under a policy exclusion. We don’t owe you anything.”
How we counter:
Tactic #2: “This Damage Was Pre-Existing”
What they claim: “Your building had structural problems before the hurricane. The damage was inevitable.”
How we counter:
Tactic #3: “You’re Exaggerating the Damage”
What they claim: “Our adjuster says you only need $500,000 to repair. Your $2 million estimate is inflated.”
How we counter:
Tactic #4: “Your Business Would Have Failed Anyway”
What they claim: “Your revenue was already declining. The disaster didn’t cause your losses—you were going out of business.”
How we counter:
Tactic #5: “You Didn’t Mitigate Your Damages”
What they claim: “You waited too long to make temporary repairs. You let the damage get worse. We’re not paying for that.”
How we counter:
Tactic #6: “We Need More Time to Investigate”
What they claim: “We can’t make a decision yet. We need more documentation, more inspections, more analysis.”
How we counter:
Warning Signs: When Should You Contact a Lawyer?
Contact a bad faith insurance attorney immediately if:
For Commercial Property Claims:
For Business Interruption Claims:
For Bad Faith Conduct:
Don’t wait to see if they’ll “come around.” Insurance companies don’t suddenly become fair without legal pressure.
Common Questions About Insurance Disputes
Act Now: Time Limits Apply to Insurance Claims
Multiple deadlines affect your rights:
Policy “Suit Limitation” Clauses:
Most commercial property policies contain clauses requiring lawsuits to be filed within 1-2 years of the date of loss or denial. These clauses are enforceable in Louisiana and can bar your claim entirely if you miss the deadline.
Louisiana Prescription (Statute of Limitations):
Breach of contract: Generally 10 years, but policy suit limitation clauses override this
Bad faith penalties: Must be filed within 2 years from date of breach.
Catastrophic Loss Cure Period:
For hurricanes and declared emergencies: Must provide 60-day written “cure period notice” to the insurer before filing suit.
Statutory Payment Deadlines (Create Bad Faith Evidence):
Louisiana law requires insurers to:
Missing these deadlines creates evidence of bad faith and triggers statutory penalties.
Evidence Preservation Deadlines:
Act immediately to prevent:
If your claim has been denied or delayed, contact us immediately for a free case evaluation.
What Makes LKSA Different in Insurance Litigation
Taking on billion-dollar insurance companies requires more than just legal knowledge—it requires resources, expertise, and trial experience that most firms simply don’t have.
What Sets LKSA Apart:
✓ 40+ Years of Complex Insurance Litigation Experience
✓ New Orleans-Based Trial Lawyers Who Know Louisiana Law
✓ Proven Track Record in High-Stakes Commercial Claims
✓ Elite Network of Expert Engineers, Accountants, and Meteorologists
✓ Financial Resources to Fund Multi-Million Dollar Cases
✓ Trial Experience That Forces Maximum Settlements
✓ Bad Faith Expertise That Multiplies Your Recovery
✓ Compassionate Client Service Throughout the Process
Most personal injury and business attorneys cannot handle complex insurance litigation. Insurance companies know this and use it against policyholders.
We Understand Louisiana’s Unique Insurance Laws
As New Orleans-based trial lawyers, we understand:
- Louisiana’s unique civil law system and prescription periods
- Gulf Coast hurricane claims and wind vs. water coverage disputes
- Louisiana’s strict statutory deadlines for insurance claim payments
- Local construction costs and business valuation in the New Orleans market
- The 2024 amendments to Louisiana’s bad faith statutes and how they affect your claim
We Can’t Be Intimidated or Starved Out
Insurance companies count on wearing down policyholders through delays and endless litigation. They know most people and businesses can’t afford to wait years for justice.
We’re different. LKSA has the financial strength to fund multi-year litigation against the largest insurers in the world. We advance all case costs—expert fees, investigation expenses, trial preparation—so insurance companies can’t use a war of attrition against our clients.
When they see we’re fully committed to trial, settlement negotiations change dramatically.
Don’t Let Insurance Giants Get Away With It. Fight Back with LKSA.
Insurance companies have unlimited resources to deny and delay your claim. But when they refuse to honor their contracts, they must be held accountable.
Contact us today for a free consultation. No fees unless we win.
