Holland Phillips Dec. 9, 2013, 5:33pm

NEW ORLEANS – Two homeowners are suing their insurance company for refusing to pay for wind and water damage.

Ferdinand Diaz and Noella Diaz filed suit against Louisiana Citizen Property Insurance Corporation in the Orleans Parish Civil District Court on Oct. 7.

The plaintiff’s petition for damages asserts that the defendant failed to cover the wind and water damage the Diaz’s home suffered as a result of two separate storms—one in April 2012 and Hurricane Isaac in August 2012. The Diazes say that they submitted claims for damages to their roof and water damage to the interior and exterior asking their insurer to cover the repair costs, but the insurance adjusters ignored explanations from the plaintiff’s contractor and underestimated and undervalued the repairs in excess of $54,000, the suit claims. 

Louisiana Citizen Property Insurance Corporation is accused of misrepresenting the causes for damages and denying appropriate claim payout even after receiving satisfactory proof of loss. In addition, the company allegedly failed to properly investigate and adjust, failed to establish permanent exclusions under the policy terms and failed to perform its obligations.

An undisclosed amount in damages is sought for breach of contract, bad faith claims handling, negligent claim handling, non-prompt payment, loss of property value and use, repair and remediation expenses, costs of investigative and engineering firms, mental anguish, continual damage being done to the property due to incomplete repairs, costs of the proceedings and attorney fees.

The plaintiffs are represented by New Orleans attorney Brennan M. Kucera of Speights & Worrich.

The case has been assigned to Division M Judge Paulette R. Irons.

Case no.  2013-09504.

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