Kenneth L. Tolar has handled a variety of insurance claims over the past 28 years including those arising out of hurricanes, fires, and similar catastrophic events. Having a policy that insures a structure for damages caused by wind or fire is no guarantee that all sustained damages will be covered. When you file a claim, you may be surprised to discover that your insurer is refusing to cover the cost of repairs after a hurricane or major storm. Insurers may improperly attribute your damage to flooding or other uncovered events, or may estimate your damages to be far less than what it will actually cost to repair or replace damaged property. Insurers often misapply "civil authority" or "mandatory evacuation" clauses in order to deny reimbursement for business interruption or living expenses when a building is unhabitable after a major storm. When an insurer arbitrarily and capriciously denies or undervalues a claim, it may be liable for certain enhanced damages in addition to the value of the claim, including attorney's fees and penalties.
After Hurricanes Katrina, Gustav, and Isaac devasted New Orleans and much of the surrounding Gulf Coast, Mr. Tolar represented numerous homeowners and small businesses whose claims were arbitrarily denied or undervalued. By aggressively challenging insurance companies, Mr. Tolar was able to secure additional recovery in most cases well above the amount initially offered to unrepresented insureds.