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Marrero man claims property insurer underpaid hail damage

By Louisiana Record reports | Jun 11, 2015

GRETNA – A Marrero homeowner is suing his property insurer for allegedly not covering hail damage to his home.

Damian Ortiz filed suit against United Fire and Indemnity Company in the 24th Judicial District Court.

Ortiz contends he owns a home located at 5145 Mount Revard Court in Marrero that was covered by a property insurance contract provided by United Fire and Indemnity Company. The plaintiff asserts that the instance policy was in place when a hailstorm struck the area on Feb. 24, 2013 and damaged his home’s roof that further allowed water intrusion which damaged the home’s structure and contents.

Ortiz alleges he filed an insurance claim and the adjuster sent out by United Fire and Indemnity Company failed to spend enough time to properly assess the property damage, resuming in a lower award than he deserved. The plaintiff alleges the defendants deliberately underpriced the value of the damage to his home.

The defendant is accused of breach of contract, bad faith claims handling, negligent claims handling, breach of duty of good faith, non-prompt payment, violation of state law and negligent misrepresentation.

Damages in excess of $50,000 is sought for diminution in value of property, repair costs, remediation costs, cost to hire engineering firms, amount due not previously paid, structural damage, loss of use, attorney’s fees, prejudgment interest and litigation costs.

Ortiz is represented by Tiffany R. Christian of New Orleans-based Binegar Christian.

The case has been assigned to Division L Judge Donald A. Rowan Jr.

Case no. 747-038.

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