LOUISIANA INSURANCE CLAIM PROTECTION INFORMATION

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					Dear Friend,
Enclosed an insurance packet that has information on 1) how to file suit against your
insurance company along with a filing form you can fill in and file yourself (the Apro se
form@), and 2) the Louisiana State Sponsored Insurance Mediation program.

Part A of the packet addresses the mediation program. The mediation program is good
for anyone with an open homeowner=s policy claim, even if they intend to file suit.

Part B of the packet is the instructions and the form for filing suit. Take the following
into consideration before filing suit.

                                   WHO SHOULD FILE

1.     Homeowners who incurred damage during hurricane(s) Katrina and/or Rita, who do
       not have the Afinal settlement@ check from the homeowner=s insurance company
       should file.

2.     People who have not completed repairs to their home may be entitled to further
       payments from the insurance company if additional damages are found during the
       work, or if additional money is needed to complete the work. These people must
       also file suit in order to preserve this potential claim.

3.     Even if your company has sent you a letter saying how much they will or may send,
       even if they have been nice and paid you some, if you are not 100% sure that you
       have, in your hand, payment in full for all of your damages, you should file.

4.     If you have been paid in full but wish to preserve your rights for penalties you should
       file. Victims of Katrina must file by August 28th for claims related to that storm.
       Victims of Rita must file by September 23rd for claims related to that storm.

Do not rely on the LRA=s ARoad Home@ grant program to pay you what you are entitled to.
Under this program, homeowners may be entitled to up to $150,000 to repair their
damaged home. This program appears to be fully funded at this time. However, they have
yet to start distributing the money. The rules, as written and approved, provide certain
potential problems - penalties for not having flood insurance, relocation penalty, and
promises you have to make when you accept the grant which may limit or eliminate your
recovery. You should file the suit now, and, if you get made whole from the Road Home,
then you can dismiss your suit or give it to the Road Home so they can collect the money,
as is appropriate at that time.


Do not rely on the Anew@ laws which try to give people more time to file suit. These laws
may not be constitutional. If they aren=t, they will have no effect. No one will know if these
laws are any good until after the deadline.
The Louisiana Commissioner of Insurance has requested that all homeowner=s insurance
companies voluntarily extend the time to file suit. Some companies have voluntarily agreed
to extend the deadline. A list of these companies as of August 10, 2006, is enclosed.
Louisiana Citizens Fair Plan is included in this list. You should call the Louisiana
Department of Insurance at 1-800-259-5300 or 1-800-259-5301 for updates on the list.

HOWEVER, SOME OF THESE COMPANIES AGREED TO AN EXTENSION ONLY IF
THE COURT FINDS THAT THE LAW REQUIRING THE EXTENSION IS LEGAL. IF THE
LAW IS FOUND TO BE ILLEGAL, THESE COMPANIES WILL WITHDRAW THEIR
EXTENSION. THEREFORE, IT IS BEST TO FILE NOW!


                    WHO SHOULD NOT USE THIS FORM TO SUE

The pro se form or the mediation is not intended for use on a flood insurance policy. Flood
insurance is a federal program and the form is not designed to help you in that regard.


                           A FINAL WORD(S) OF WARNING

- The pro se form is designed to be a minimal protection of your rights. It is strongly
recommended that you make every effort to hire a private attorney.

- If you use this form to file suit, the insurance company will hire a lawyer who may do
many things all of which will require you to hire a lawyer to have any realistic chance to
continue to preserve your rights. This is especially true if the insurance company
moved your case to Federal Court.

Please read the entire packet before calling us with questions. Our contact information,
along with that of other organizations who may help you, is included.

Sincerely,
Loyola University College of Law, Katrina Clinic.

PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
          LOUISIANA INSURANCE CLAIM
           PROTECTION INFORMATION

                                 JULY 22, 2006




PROVIDED BY: The Pro Bono Project, Common Ground Legal
Collective, and the Loyola University College of Law Katrina
Clinic, Southeast Louisiana Legal Services




The information provided in this packet is intended to provide persons with information
and does not constitute legal advice. You are strongly encouraged to contact an attorney
to help you make legal decisions that are best for your particular case.
                       INSURANCE INFORMATION
                    PRESERVE YOUR RIGHTS PACKET
Under most property and homeowner’s insurance contracts, people with open claims are
not allowed to file suit against their insurance company more than ONE YEAR after their
damages occurred. For victims of Hurricane Katrina, this date is August 28, 2006, and
for victims of Hurricane Rita, this date is September 23- September 24, 2006. So, if you
do not file suit by this date you will never be able to do so. Without the possibility of a
law suit, your insurance company may have less motivation to deal with you fairly.
(The National Flood Insurance Program generally has different terms, and this packet
may not apply to the time line for flood insurance claims.)

This packet of information should help you to: (1) Settle your claim before the deadline,
and if you cannot, (2) File suit against your insurance company.

Your insurance contract should tell you if you are a policy holder who has only one year
to file suit. Most contracts say you have one year. If you read your contract and you
remain unsure of the date, either 1) have an attorney review it for you or 2) assume you
have a one year deadline and follow the instructions in the packet, just in case.

You may hear on the news that there are attempts, both by the Louisiana Department of
Insurance and through an Act passed by the Louisiana Legislature, to extend these
deadlines to file one extra year. These things may or may not happen. So, it is better
to protect yourself by doing these things:

Hurricane Katrina Victims, you must: (1) settle or
                                     (2) file suit by August 28, 2006 .

Hurricane Rita Victims, you must:        (1) settle or
                                         (2) file suit by September 23, 2006.
       Note, Hurricane Rita Victims: September 23rd falls on a Sunday this year.
       Therefore, you should have filed by Friday, September 21st, 2006.


“PART A” of the packet will provide you with information on how to settle your claim,
primarily through the Louisiana State Hurricane Mediation Program.

“PART B” of the packet will provide you with information on how to file suit, and the
pro se petition form you will need to file with the court to begin the suit.




PLEASE NOTE: The information provided in this packet is intended to provide persons
with information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
                             PART A:            HOW TO SETTLE


    If you have not already signed up for the free Louisiana State Hurricane
    Mediation Program, you should do so. Included are materials about the
    program and how to register and prepare for it. Read The Attached
    Mediation Materials Carefully.

    1. When registering, ask for a mediation date before August 28, 2006.
       (Or, if you are a Hurricane Rita victim, ask for a date before
       September 23, 2006).

    2. If you get a date before August 28, 2006 (or September 23, 2006 for
       Hurricane Rita victims):

             2a. Go to the mediation and use the advice given
                 to you in this packet.

             2b. If you do not settle at the mediation, you should file suit using
                 the instructions and the form provided in “PART B” of this
                 packet by August 28, 2006.

    3. If you get a date after August 28, 2006 (or September 23, 2006 for
       Hurricane Rita victims):

             3a. File suit using the instructions and the form provided in
                 “PART B” of this packet by August 28, 2006.

             3b. Go to the mediation and use the advice given
                 to you in this packet.


Whenever you are dealing with an insurance company, always keep a copy of the
information you are providing them for your records



____________________________________________________________________________________________________________

The information provided in this packet is intended to provide persons with
information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
    How to Prepare for Mediation with
       Your Insurance Company
Mediation is an optional step after you receive a denial or a settlement offer that you are
unsatisfied with. Only after you have sent your complete case in a detailed letter to your
insurance company, and reviewed your claim with an attorney, should you request a
mediation.

How to Request a Mediation the Louisiana Hurricane Mediation Program

   Contact the Louisiana Department of Insurance at 1-800-259-5300 or 1-800-259-
   5301
   Contact the American Arbitration Association at 1-800-426-8792 or
   http://www.adr.org;
   Print out a copy of the mediation request form, available at
   http://www.ldi.state.la.us/whats_new/Mediation%20Request%20Form.pdf and mail it
   certified to: American Arbitration Association, Center for Mediation, 1100 Poydras
   Street, Suite 2725, New Orleans, LA 70163 or Fax it to: 504-561-8041. It is
   recommended that you call first or fax the form.

You should receive notice at least ten days prior to the date your mediation is scheduled.
If you absolutely cannot attend, call the administrator listed on your notice right away
and change your appointment. If the date for mediation falls after your deadline for filing
suit, make sure to send you insurance company the enclosed letter asking them to put in
writing that they will extend your time to file suit 30 days after the mediation.

YOU MUST BE ON TIME AND PRESENT FOR YOUR MEDIATION! IF NOT
YOU LOSE YOUR RIGHT TO A FREE MEDIATION, AND WILL HAVE TO
PAY!

   Mediations are scheduled for two hours, but may go longer if both parties agree
   Either party can request that the mediator be replaced if there is good cause.
   Mediation is paid for by the insurance company unless you fail to appear or cancel
   without cause. Failure to arrive within 30 minutes of the starting time will be
   considered failure to appear.

How to Prepare for Your Mediation

Many insurance companies are attempting to deny claims they classify as “flood”
damage. However, your damage may be the result of wind and wind-driven rain, which
is covered under homeowners policies. Rain entering the structure due to wind damage
can cause interior and structural water damage. Roof, window and exterior wall damage
are likely wind damage.
Collect statements about wind damage from neighbors who stayed during the hurricane.
Be sure to include a time-line (when the wind and rain occurred, when the flooding
occurred) and note if the water rose slowly or gently.
   It’s best if they have witnessed the pre-flooding wind damage to your home, but
   statements witnessing similar wind damage to their own homes are helpful too. If
   your homes are nearby, include the distance.
   Have them sign and date a written statement saying what they saw. If possible, have
   this statement signed in front of a notary. Free notary services are available at Loyola
   Law Clinic, 526 Pine Street, New Orleans, Louisiana. Phone: 861-5590, and usually
   available Saturday, 12-3 at 1417 Franklin Ave, Common Ground Legal Clinic.
   Ask your neighbors, who have similar damages and the same insurance carrier, how
   their company treated them. If they got more money than you did, you should bring
   evidence of that into the mediation with you.
   Collect weather data about wind speeds and rainfall to support your claim.
   If you can get an architect, public adjuster, engineer or contractor to justify your
   claim, ask them to attend or provide you with written information to use.

Proving Your Damage and Costs
Gather as much evidence of the damage and costs as possible. Make copies of
everything. ALSO- write a detailed estimate of damages you have above your flood
line.
    Take photos of all the damage you think should be covered by your policy.
    Get a detailed estimate for permanent repairs to your home from a reliable contractor.
    The estimate should contain the proposed repairs, repair costs and replacement prices
    (and/or records of completed repair costs).
    Get estimates for exterior damage, such as trees, fences or sheds (and their contents).
    Prepare a detailed inventory of all damaged or destroyed personal property. Your list
    should be as complete as possible including a description of the items, dates of
    purchase or approximate age, cost at time of purchase and estimated replacement
    cost. (Collect canceled checks, invoices, or receipts to help to determine the value.)
    Your living expenses due to displacement may be covered. Collect canceled checks,
    invoices, receipts or credit card statements for evidence.
    Whenever you are dealing with an insurance company, always keep a copy of the
    information you are providing them for your records!!!!

The Mediation
   Review your policy carefully and make certain the ‘named insured.’ can attend. If
   not, someone with ‘power of attorney’ to act on behalf of the ‘named insured' must
   attend.
   Insurance companies will have skilled adjusters to argue their case: you may want an
   attorney with you. If so, you must provide the name of the attorney to your
   administrator at least 6 days before the date of the mediation.
   Make a complete Claim File, including all the evidence you collected to support your
   claim. Keep things orderly and easy to follow.
   Bring two copies of your Claim File to the mediation, one for you and one for the
   insurance representative. Bring a summary letter of your dispute for the mediator.

After Your Mediation
   You are not legally obligated to accept the outcome.
   You have a 3-day grace period to change your mind about accepting the mediation
   decision. Inform your insurance company if you change your mind.
   Nothing you say in mediation can be used against you in any other proceedings.
   If you are not satisfied you can still sue your insurance company.
   IF YOU CASH A CHECK GIVEN AT MEDIATION, YOU ARE ACCEPTING
   FULL AND FINAL PAYMENT, AND CANNOT DISPUTE FURTHER.

Additional Information
Free fax, internet, copies, and phones are available for you at 1417 Franklin Ave at the
corner of N. Robertson Street.
- American Arbitration Association
1-800-426-8792
- Louisiana Department of Insurance
1-800-259-5300 or 1-800-259-5301

- Want the state brochure on Mediation?
http://www.ldi.state.la.us/whats_new/Hurricane_Mediation_Program_brochure_Revised.
pdf

- Want to hire a public adjuster?
http://www.napia.com/docs/PA_firms_hurricane_claims_gulf_states.pdf

- Need more tips for mediation?
http://www.adr.org/si.asp?id=2090

- Need free legal advice?
NOLAC 504-529-1000
Loyola Law Clinic 504 861-5590
SE LA Legal Service 1-800-521-6242
Fair Housing Center 877-445-2100
Common Ground Free Legal Clinic
Saturday, 12-3, 1415 Franklin Ave, 504-717-7324

- Need help finding an attorney?
LA Bar Referral and Information Service can help. Call 1-888-503-5747 or at
www.lsba.org (click on Public Services).


The information provided in this packet is intended to provide persons with
information and does not constitute legal advice. You are encouraged to contact an
attorney to help you make legal decisions that are best for your particular case.
        PART B:          Instructions for Filing Pro Se Complaint Form
                PLEASE NOTE:
                IN ORDER TO PRESERVE YOUR CLAIM, YOU MUST DO THE
                FOLLOWING!
                1) FILE IN THE CORRECT COURT

                2) PAY COURT FEES ( or are able to get “In Forma Pauperis” status)

                3) PAY FOR SERVICE OF PROCESS

                4) GIVE THE CORRECT ADDRESS FOR SERVICE

                5) FILL YOUR FORMS OUT COMPLETELY


If, after reading the instructions you have questions about the requirements above, please
contact one of the four organizations listed in the back of your packet.


The following instructions will help you complete the attached Pro Se Complaint form if
your homeowner or automobile insurance provider has wrongfully refused to pay the
amount due under your insurance policy (“Pro Se” translated from Latin literally meaning “for
yourself” - Lawyers like to use Latin words to make themselves feel important). We strongly
recommend that you engage an attorney to represent you before commencing an action
and that you file your lawsuit before August 29, 2006. If you need to file suit, do not
wait until the last minute to file.
Complete the template in blue or black ink. Do not use pencil. Write clearly. If you are
filing a claim under a flood insurance policy, you must file your complaint in federal
court. You should revise the form accordingly if filing a flood insurance lawsuit. When
filing your claim, you must include the requisite filing fee, which varies from parish to
parish and depends upon whether you request a jury trial. (More about jury trials is
discussed below)
You may ask the court to waive the filing fees by filing an “In Forma Pauperis” form,
which can be obtained from the clerk of court. The court may not make you pay the fees
if you file this form showing that you cannot afford the fees. You should go the court
where you will be filing your petition and ask for a copy of the “In Forma Pauperis”
form at least one week before you will be filing your suit. (The form is different for each
court, so be sure you are at the correct one)! The form will tell you what information you
need to try and prove your eligibility for “In forma Pauperis” standing. File the “In
Forma Pauperis” form with the attached materials at the same time you file the suit and
DO THIS BEFORE AUGUST 28, 2006. ( Note that filing the form does not
automatically mean you will not have to pay the fees. The court has to look at your
paper-work you turn in to determine if you are qualified).
To fill out the attached pro se petition:
Step 1:    Clearly print the name of the proper court where you are filing your claim
           (for example: CIVIL DISTRICT COURT FOR ORLEANS PARISH) in
           the blank space at the top of the first page, just above “State of Louisiana.”
           Just below, clearly print your full legal name in the blank space over the
           word "Plaintiff". Similarly, find the full legal name of your insurance
           company, and print this clearly in the blank space over the word
           "Defendant".
Step 2:    Complete the sentence "NOW INTO COURT comes Plaintiff ..." by
           printing your full legal name in the blank space provided.
Step 3:    Complete Paragraph 1 by again printing your full legal name in the first
           space provided. Clearly print the name of the Parish in which you reside
           in the second blank.
Step 4:    Complete Paragraph 2 by clearly printing the full legal name of your
           insurance carrier in the blank.
Step 5:    To complete Paragraph 4, you will need your insurance policy. Locate the
           date that the insurer issued you the policy and print this in the first blank
           space provided. Your policy is numbered; locate this number and print it
           in the second blank space provided. Your policy also will state the limit
           of coverage that it provides. Clearly print this dollar amount in the third
           blank space provided. Finally, if your automobile is the property that
           sustained damages, clearly print the word "automobile" in the final blank
           space. If instead your house was damaged, print the word "residence" in
           the final blank space in Paragraph 4.
Step 6:    In Paragraph 5, circle the appropriate name of the hurricane that affected
           you, then the appropriate date of the hurricane that affected you.
Step 7:    Clearly print the date that you first notified your insurer of the damages
           suffered by the insured property in the first blank space in Paragraph 6.
Step 8:    Estimate the full amount of damages sustained to your insured property.
           If you have received repair estimates, use these to calculate your total
           property damage. Clearly print your estimated damages in the final black
           space in Paragraph 6.
Step 9:    Circle “does” or “does not” request a jury trial. Realize that by requesting
           a jury trial, you will be required to pay additional filing fees, and may
           have to post a bond, which can be up to $2,500. By filing the “In Forma
           Pauperis” form with your pleading, you may be able to avoid these
           charges.
           Requesting a jury trial will not necessarily get you a better judgment. It is
           always best to consult with an attorney. If you do not ask for a jury trial,
           you have ten days after your filing, or the defendant’s answer to ask for
           one.
Step 10:   Turn to the final page of the Pro Se Complaint. Write the date on the
           blank space provided, and sign the document on the space below.
Step 11:     In the blank space on that last page, under the words "Please serve",
             clearly print the full legal name of your insurance company. Then, give
             the proper address of your insurance company on the next line. You must
             give the court the proper address for service of process. The proper
             address of the most common carriers is included in this packet, following
             the form. If your insurance company is not listed, contact the Louisiana
             Secretary of state at (225) 925-4704 or the Louisiana Department of
             Insurance at 1-800-259-5300 for the correct address of your insurance
             company for purposes of service of process.
Step 12:     Attach a copy of your insurance policy to the Pro Se Complaint.
Step 13:     File this complaint with a copy of your insurance policy with the Clerk of
             Court for the appropriate court in your parish. THE APPROPRIATE
             COURT IS THE CIVIL COURT IN THE PARISH WHERE YOUR
             PROPERTY IS LOCATED. (If it is a filing against flood insurance, file in
             the appropriate Federal court). Here is a listing of courts and addresses:
             Orleans Parish Civil District Court: 421 Loyola Ave, New Orleans, LA
             70112 – (504) 592-9100- file at the clerk’s office on the 4th floor!
             St. Bernard Parish Courthouse: 1101 W. St. Bernard Hwy., Chalmette,
             LA 70043 (504) 278-4420
             Jefferson Parish Courthouse: 200 Derbigny St., Gretna, LA 70053
             (504) 731-4688
             St. Tammany Parish Courthouse: 701 N. Columbia St., Covington, LA
             70434 – (985) 809-8700
             Washington Parish Courthouse: 908 Washington St, Franklin, LA 70438
             (985) 839-4663
             U.S. District Court, Eastern District of Louisiana (Federal Court): 500
             Poydras St., New Orleans, LA 7013 (504) 589-7650
             PLEASE NOTE:
             IN ORDER TO PRESERVE YOUR CLAIM, YOU MUST DO THE
             FOLLOWING!
             1) FILE IN THE CORRECT COURT

             2) PAY COURT FEES ( or are able to get “In Forma Pauperis” status)

             3) PAY FOR SERVICE OF PROCESS

             4) GIVE THE CORRECT ADDRESS FOR SERVICE

             5) FILL YOUR FORMS OUT COMPLETELY

The pro se form is designed to be a minimal protection of your rights. It is
strongly recommended that you make every effort to hire a private attorney.
                  _______________________________

                           STATE OF LOUISIANA
Case No.                                                      Division

               ____________________________________,
                                                        Plaintiff,
                                     versus
              _____________________________________,
                                                       Defendant,


                           PRO SE COMPLAINT


      NOW INTO COURT comes Plaintiff, _________________________,

who with respect avers as follows:

                                      1.

      Plaintiff _________________________ now is, and at all times relevant

to this action was, a resident of the Parish of _________________, State of

Louisiana.

                                      2.

      Defendant ____________________________ now is, and at all times

relevant to this action was, conducting business in Louisiana and may be

served though the Louisiana Secretary of State.

                                      3.

      Defendant is and was engaged in the business of writing and selling

insurance throughout the United States and the State of Louisiana.

                                      4.

      On _________________ , Defendant issued to Plaintiff a liability

insurance policy, No. _________________ ("the policy"), by which

Defendant    agreed   to    insure    Plaintiff   up    to   the     amount   of

$_________________ against loss arising from damages sustained to
Plaintiff’s _____________________________. A copy of the insurance

policy is attached to this Complaint as Exhibit A and incorporated by

reference.

                                      5.

      Hurricane Katrina / Rita [circle one or both] made landfall in

southeast Louisiana on August 29 / September 24th, 2005 [circle one or

both], causing extensive damage to property insured under the policy.

                                      6.

      On _________________ , Plaintiff submitted a claim and demand

under the policy to recover for losses sustained to insured property as a

result of Hurricane Katrina. Plaintiff further satisfied all other terms and

conditions of the policy. The insured loss is estimated to be at least, but not

limited to, $_________________.

                                      7.

      Plaintiff's proof of loss fully advised Defendants of the facts of the

claim and was more than sufficient to enable the insurer to act on the claim.

                                      8.

      Defendant has wrongfully failed to act on the claim submitted by

Plaintiff, or, alternatively, has wrongfully denied the claim within the time

provisions established by La. R.S. 22:658 and La. R.S. 22:1220. In so

doing, Defendant has breached the express terms and conditions of the

policy and has otherwise denied Plaintiff the insurance coverage promised

by the Defendant in a manner that has been arbitrary, capricious, and

without probable cause.
                                          9.

      Further, the Defendant has acted without reasonable basis or

justification and in contravention of its duty of good faith and fair dealing in

handling the Plaintiff's claim, namely:

          (a)   the Defendant has unreasonably and intentionally refused to

                pay benefits to which the Plaintiff is entitled under the

                terms of the insurance policy;

          (b)   the Defendant has unreasonably and intentionally delayed

                payments to which the Plaintiff is entitled under the terms

                of the insurance policy;

          (c)   the Defendant has intentionally failed to conduct a

                reasonable investigation into the claim reasonably based on

                all available information, to reasonably evaluate and review

                the information, and to make reasonable and timely efforts

                to settle the claim; and

          (d)   the Defendant has no reliable knowledge or information

                upon which to substantiate the denial of Plaintiff’s claim.

                                      10.

      The Defendant has acted with actual knowledge or with reckless

disregard of the lack of a reasonable basis in denying the claim, delaying

payment of the claim, failing to make reasonable attempts to settle the

claim, and failing to conduct a reasonable investigation into the claim and

failing to reasonably evaluate the available information.

                                      11.

      As a direct result of the Defendant's bad faith conduct, the Plaintiff

has suffered compensatory damages in an amount not yet ascertained, and

has and will continue to suffer damages, including, but not limited to stress,
mental anguish, extended loss of use of the insured property and the costs

and attorney's fees that may be incurred in maintaining this action, any costs

and attorney's fees that may be incurred in maintaining this action.

                                     12.

      Plaintiff is entitled to recover from the Defendant all losses,

including damages costs and attorney's fees, caused by the Defendant's

breach of contract and state law, in accordance with La. R.S. 22:658 as

amended by Louisiana Act no. 813, effective August 15, 2006.

                                     13.

      Defendant's intentional breach of its duty of good faith towards the

Plaintiff has been accompanied by oppression, fraud, or malice.

                                     14.

      Pursuant to La. R.S. 22:658, Defendant is obligated to pay Plaintiff

proper coverage under the policy, plus a penalty of 50% on the amount to

be due from the insured, or one thousand dollars, whichever is greater, or,

in the event a partial payment or tender has been made, 50% of the

difference between the amount paid or tendered and the amount found to be

due as well as reasonable attorney fees and costs of the amount due in

accordance with La. R.S. 22:658 as amended by Louisiana Act no. 813,

effective August 15, 2006.

                                     15.

      La. R.S. 22:1220 provides that an insurer “owes to his insured a duty

of good faith and fair dealing,” and provides that the insurer “has an

affirmative duty to adjust claims fairly and promptly, and to make a

reasonable offer to settle claims with the insured.”      The statute further

provides that “any insurer who breaches these duties shall be liable for any

damages sustained as a result of the breach.”
                                      16.

       La. R.S. 22:1220 specifically provides among the actions breaching

the insurer’s duties set forth above are:

       a)     “Misrepresenting pertinent facts or insurance policy

              provisions relating to any coverages at issue,” or

       b)     “Failing to pay the amount of any claim due any person

              insured by the contract within sixty days after receipt of

              satisfactory proof of loss from the claimant when such

              failure is arbitrary, capricious, or without probable

              cause.”

La. R.S. 22:1220(B)(1) & (5)

                                      17.

       The statute further provides that an insurer who breaches this duty is

liable for, in addition to any general or special damages, a penalty equal to

the greater of two times the damages sustained or $5,000.00.

                                      18.

       Pursuant to La. R.S. 22:1220, Defendant is obligated to pay Plaintiff

the amount of actual damages sustained, plus a penalty of two times the

actual damages sustained by Plaintiff.

                                       19.

       Should an amendment to La.R.S. 22:1220 be enacted allowing for

attorneys fees and court costs to be collected in light of defendant’s actions,

defendant is obligated to pay the amount of those fees and costs to the

Plaintiff.

                                      20.

       Plaintiff is entitled to prejudgment and postjudgment interest on

Plaintiff's claims.
                                        21.

      The policy of insurance issue by Defendant to Plaintiff is a valued

policy as defined by Louisiana Law.

                                        22.

      In the event that it is determined that the insured property is a total

loss and that the insured property sustained some loss covered by the policy

of insurance, then, in that event, Defendant owes to Plaintiff the policy

limits of said policy of insurance, less and except any sums already

tendered to Plaintiff by Defendant.

                                        23.

Plaintiff does / does not [circle one] request a trial by jury.



      WHEREFORE, Plaintiff demands judgment against Defendant,

including payment for compensatory damages, statutory penalties, costs,

attorney's fees, and for such further relief as the Court deems just and

equitable.



Dated: ______________________


Please serve:

______________________________
(Name of Insurance Company)

______________________________
(Address of Insurance Company)
                                 Insurance Company Addresses
Insurance Company       Phone Number                             Registered Agent
LA Citizens Property                       LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
                           800-931-9548
Ins. Corp.                                                                                          70809
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
ACE USA                    800-433-0385
                                                                                                    70809
AIG Insurance                              LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
                           800-242-2418
Companies                                                                                           70809
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Allmerica                  800-628-0250
                                                                                                    70809
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Allstate                   800-547-8676
                                                                                                    70809
America First              800-551-5100    LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Insurance                  877-263-7890                                                             70809
                           800-321-2452    LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
American General
                                ext.2701                                                            70809
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
American Reliable          800-245-1505
                                                                                                    70809
                           800-817-3252    LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Arch
                       archinsurance.com                                                            70809
Armed Forces               800-664-9331    LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Insurance Co.              913-727-5500                                                             70809
Automobile Club
                           800-222-7623
Family Insurance
                                ext.5000
Co.
Autonmobile Club           800-222-7623    LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Intl. Ins. Exchange             ext.5000                                                            70809
Balboa Insurance                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
                           888-768-2096
Group/Meritplan Ins.                                                                                70809
                         Non-Flood: 800-
                               765-9700    LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Bankers Ins. Co.
                          Flood:866-397-                                                            70809
                                   6347
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Bituminous                 800-605-0311
                                                                                                    70809
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Chubb                      800-252-4670
                                                                                                    70809
CAN                        877-262-2727
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Farmers Ins. Group         800-435-7764
                                                                                                    70809
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Federated Mutual           800-237-8292
                                                                                                    70809
FEMA                       800-638-6620

FEMA Federal Aid           800-462-9029
                                           LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Fireman's Fund             800-347-3428
                                                                                                    70809
                      800-252-4633
First Floridian
                      800-238-6225
FM Global             877-639-5677
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Foremost              800-527-3901
                                                                                              70809
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Encompass             800-588-7400
                                                                                              70809
                      225-769-6829       John A. Sanchez, Jr. & Denver F. Gray, 2612 Severn Avenue
The Gray Ins. Co.
                      800-866-4061                                               Metairie, LA 70002
                      800-241-2541   LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Great American
                      800-252-1363                                                            70809
                                      LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Hanover               800-628-0250
                                                                                                 70809
                                      LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Hartford Companies    800-243-5860
                                                                                                 70809
                                      LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Hartford Steam        800-472-5677
                                                                                                 70809
                                           Bob Warner, Jr., ann M. Metrailer and Wynne Jacobs, 9516
LA Farm Bureau        866-275-7322
                                                              Airline Highway, Baton Rouge, LA 70815
                                      LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Liberty Mutual        800-225-2467
                                                                                                 70809
Louisiana Medical                    John E. Lemoine, M.D. and Joan Winters Burmaster, One Galleria
                      225-295-4913
Mutual Ins. Co.                                                Boulevard, Suite 700 Metairie, LA 70001
Metropolitan          800-854-6011
National Automotive                  Stephen C. Schrempp, 2121 Airline Highway - Suite 602 Metairie,
                      800-577-9471
Ins. Co.                                                                                  LA 70001
National Insurance
                      800-638-6620
Flood Program
One Beacon            877-248-4968
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Progressive Ins.      800-274-4499
                                                                                               70809
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Republic Ins.         800-451-0286
                                                                                               70809
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Royal                 800-847-6925
                                                                                               70809
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
SAFECO                800-332-3226
                                                                                               70809
                                        Richard Emick Soileau, 200 West Congress Street, Suite 850
Safeway               800-252-3251
                                                                                 Lafayette, LA 70501
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Selective             866-455-9969
                                                                                               70809
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Shelter               800-743-5837
                                                                                               70809
                                     LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Sompo Japan           800-444-6870
                                                                                               70809
                      800-787-2851   LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
St. Paul
                      800-252-4633                                                            70809

St. Paul Travelers    800-238-6225
State Farm Fire &                       LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
                         800-732-5246
Casualty                                                                                         70809
                                        LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
State Farm General       800-732-5246
                                                                                                 70809
                         800-252-4633   LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Travelers
                         800-238-6225                                                            70809
                                        LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Trinity                  888-252-2799
                                                                                                 70809
Underwriters of          866-264-2533   LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Lloyds                   212-382-4086                                                            70809
                                        LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
United Fire Group        800-343-9131
                                                                                                 70809
                                        LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
USAA                     800-531-8222
                                                                                                 70809
                                        LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
USAgencies           225-928-9000
                                                                                                 70809
                         203-964-5200   LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
XL
                         800-688-1840                                                            70809
                                        LA Secretary of State, 8549 United Plaza Blvd., Baton Rouge, LA
Zurich                   847-605-6000
                                                                                                 70809
                                     CONTACTS


Loyola University College of Law, Law Clinic
7214 St. Charles Ave., Campus Box 902
New Orleans, Louisiana 70118
Phone: (504) 861-5590
Fax: (504) 861-5660


New Orleans Legal Assistance Center
1010 Common, Suite 1400A
New Orleans, Louisiana 70112
Phone: (504) 529-1000


The New Orleans Pro Bono Project
615 Baronne St., Suite 201
New Orleans, Louisiana 70113
Phone: (504) 581-4043


Common Ground Legal Collective
1415 Franklin Ave.
New Orleans, Louisiana 70116
Phone: (504) 717-7324

Southeast Louisiana Legal Services