Insurance Claim Denied in Louisiana? What Insurers Must Do Under La. R.S. § 22:1892 & § 22:1973 (Good Faith Duty)
When an auto, homeowners, roof/storm, or disability insurer denies or lowballs your claim in Louisiana, they count on you accepting a verbal excuse. Under La. R.S. § 22:1892 & § 22:1973 (Good Faith Duty), an insurance company is bound by strict legal duties the moment you submit objective, documented proof of loss.
How to Clearly Prove Your Louisiana Insurance Claim (So the Insurer Cannot Legally Deny It)
Insurance adjusters rely on subjective opinions ("pre-existing wear and tear," "shared fault," or "no physical storm opening") to deny valid claims. Under Louisiana Unfair Claims Settlement law, once you submit objective, calibrated physical and digital proof, the insurer is legally required to pay or face statutory bad-faith penalties:
4 Things Insurance Companies Are Legally Required to Do in Louisiana (When You Clearly Prove Your Claim)
- 1. Cite the Exact Policy Provision in Writing: Under La. R.S. § 22:1892 & § 22:1973 (Good Faith Duty), an adjuster cannot deny your claim with a vague excuse ("normal wear and tear" or "not covered"). They are required by law to provide a written denial specifying the exact policy exclusion and factual basis.
- 2. Obey the Mandatory Statutory Clock (30 Days After Satisfactory Proof of Loss to Pay (La. R.S. § 22:1892)): Insurers cannot use endless "under review" delays to starve you into accepting a lowball offer. Missing statutory investigation deadlines after you submit a Sworn Proof of Loss is direct evidence of unfair claim settlement practices.
- 3. Never Lowball When Liability & Damages Are Reasonably Clear: Failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement once your independent contractor estimates, moisture logs, OBD2 scans, or dashcam video prove liability violates Louisiana law.
- 4. Pay Statutory Penalties & Attorney's Fees for Bad Faith (50% Statutory Penalty on Unpaid Amount + Mandatory Attorney's Fees & Costs!): When you build an unarguable paper trail via Certified Mail Return Receipt and preserve every inspection in a Fireproof Exhibit Binder, Louisiana law provides powerful statutory leverage to recover your full benefit plus statutory penalties or fees.
50-State + D.C. Insurance Claim Denial & Bad-Faith Statutory Directory
Select your state to inspect the mandatory insurer response clock, unfair claim settlement statute, and bad-faith penalty rules: