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THE BRASHER
BULLETIN
August/September 2024
Beaumont Office (Main Office) 1122 Orleans St. Beaumont, TX 77701 (409) 832-3737 New Orleans Office 1555 Poydras Street, Suite 1600 New Orleans, LA 70112 (504) 527-8291 Lake Charles Office 2201 Oak Park Blvd, Lake Charles, LA 70601 (337) 284-9998 Houston Office 1415 North Loop West, Suite 1000 Houston, TX 77008 (713) 714-5014
MELINDA MAKES A NEW HOME AT OUR FIRM The Heart Behind Our Client Service in Lake Charles
After experiencing terrible storm damage and an unreliable insurance company you thought you could trust, it might seem like no one can understand what you’re going through. Well, I’m here to tell you I’ve been there too. I’m Melinda, and I am thrilled to be your go-to partner at Brasher Law Firm’s Lake Charles, Louisiana, location. I work closely with Joseph Muckleroy as his executive assistant and handle everything from prelitigation for personal injury cases to securing settlement payments from mortgage companies when our property damage cases settle. It’s a role that keeps me on my toes, and I love every bit of it! My journey to Brasher Law is a story of a rough patch transitioning into a whole new life path. Back in 2020, I was a client here first! Hurricane Laura had just torn through my neighborhood, and with its Category 5 conditions, it left a mess my insurance just didn’t want to clean up. That’s when I turned to Brasher Law. They fought fiercely for us, securing the funds we desperately needed to repair our home and cover our living expenses. I was so inspired by the passion and dedication I saw that when a position opened up in 2022, I jumped at the chance to be on the giving end of that help.
But it’s not all work — I’m a mom to six incredible kids, from a 9-year-old go-getter to a 27-year-old entrepreneur currently conquering the trucking industry. I spent 20 years as a stay-at-home mom, and just when the nest started to feel a tiny bit empty with my youngest starting
Dallas Office 6160 Warren Pkw Suite 100 Frisco, TX 75034 (972) 928-0517
kindergarten, I found my second calling here with the Brasher team. While I’ve always been interested in law, my life took a different direction, yet it somehow brought me to the field I’ve always been drawn to. Now, outside of the office, you’ll likely find me in the kitchen whipping up something delicious or out at one of the countless soccer games, marching band performances, wrestling matches, or Scout events. It’s a busy, lively life balancing work and a bustling family, and honestly, I wouldn’t have it any other way. I bring this personal experience to work every day because I know how daunting navigating legal waters can be. I’ve been there — as a client and now as part of your legal team. I make it my mission to ensure that when you come into our office, you feel supported, informed, and at ease. No question is too small, and no concern is too trivial. If you’re ever in need, whether you need to drop off documents, have a question about your case, or just need someone to guide you through a rough spot, give me a shout. I’m here to help you steer through and move forward, just like I did. –Melinda Andrews
Since joining, I’ve settled into a few roles, including dabbling in human resources and payroll, alongside my work with our clients. Whether it’s getting
your settlement check processed or working with adjusters to
schedule inspections, you can count on me to have your back.
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The Integral Role of Pets in Enhancing Childhood Development We all know a family pet can bring a world of fun, but animal companions are actually proven to do much more than that! Pets are more than just your kids’ companions; they play a significant role in child development. Here’s how every child can benefit from growing up with a furry (or not-so-furry) friend. SOCIAL SKILLS AND EMPATHY Pets often serve as a child’s first friend and confidant. Interacting with a pet requires a child to read nonverbal cues and respond appropriately, which can enhance their empathy and understanding of emotional states. When a child learns to care for the needs of their beloved pet, they learn that other people also have needs and emotions that must be cared for. HEALTH BENEFITS Numerous studies have shown that children with pets are less likely to develop common allergies and asthma. Surprisingly enough, it didn’t matter whether these kids grew up with cats or dogs; both were equally likely to help prevent asthma and certain allergies. Of course, children who have already been diagnosed can have their symptoms triggered by their furry friends. That’s why parents should consider introducing a pet as early as possible! EMOTIONAL SUPPORT Pets provide a unique comfort that can sometimes elude even the closest family members. During challenging or stressful times, a pet can comfort a child. A pet’s presence can be incredibly soothing and reassuring, providing a silent strength without the complication of human emotions. FUN AND ADVENTURE Let’s not forget that pets are fun! They bring laughter and joy to a household. Kids’ adventures with their pets — from exploring the backyard jungles with a trusty dog to hosting a tea party with a patient feline — can foster creativity and imagination. Pets truly make a home more vibrant and livelier. They teach lessons in love, life, and the joy of simple things. So, if you’re contemplating adding a pet to your family, know that the pitter-patter of little paws can benefit your child’s development. And let’s be honest, who wouldn’t want an extra dose of unconditional love around the house? THE PAWSITIVE EFFECTS
If It Walks Like a Duck and Talks Like a Duck, It’s a Duck In a much-anticipated ruling, the Texas Supreme Court gave strength to the public adjusting statute and added value to a public adjusting license. In Texas Department of Insurance et al. v. Stonewater Roofing, Ltd., Co., 2024 WL 2869414 (June 7, 2024), the Supreme Court held that it was not a violation of the roofing company’s constitutional rights to prohibit roofers from acting as public adjusters. TEXAS SUPREME COURT SIDES WITH PUBLIC ADJUSTERS Public adjusters in Texas, like other states, are creatures of statute. Specific Texas law authorizes the use and governs the conduct of public adjusters. While independent adjusters are knowledgeable of the same adjusting practices, public adjusters are licensed through a different statute and are allowed, much like attorneys, to advocate for their clients. “To secure a license to adjust insurance claims on an insured’s behalf, a person must have sufficient experience or training in the assessment of property values and losses; be sufficiently informed about the terms and effects of typical insurance contracts; and successfully pass an examination of the applicant’s technical competence, basic knowledge of relevant topics, and understanding of governing law and ethical standards.” However, “unlicensed persons may not advertise, solicit business, or hold themselves out to the public as an insurance adjuster.” Id. (citing Tex. Ins. Code Sec. 4102.001(3)). The High Court’s decision to prohibit activities and advertisements by the roofing company usurping the public adjuster’s role draws a clear line, whereas before, it was blurry. In the past, “insurance consultants,” “roofers,” and other close but not quite adjusters were charging contingent fees in Texas. In the case before the court, the roofing company advertised the following skills:
“Insurance specialists”
• •
“The Leader in Insurance Claim Approval”
• “... highly experienced with the insurance claims process” • “... help [its] customers settle their insurance claims as quickly, painlessly and comprehensively as possible” • Their contract gave the roofing company authority to “negotiate on [the customer’s] behalf with [the] insurance company and upon insurance approval to do the work specified.” The Court made a clear statement that those activities fall under the public adjuster (or attorney) license. This should stop the lawyer- roofing-consultant business, where attorneys are asked to draft contracts to avoid this prohibition. The Court is saying in this case that if it looks like a duck, walks like a duck, and talks like a duck, it’s a duck. So, if you are not a public adjuster (or an attorney), you are prohibited from acting like one!
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HURRICANE BERYL TEARS THROUGH HOUSTON Millions of Dollars of Damages Behind Left in Its Path
BREAK TAKE A with her husband and their daughter and heads up the Brasher Law Firm Houston office, remarks, “We have seen unprecedented natural disasters in the Houston area that I have never seen in my whole life! I can’t remember the last time there was a named hurricane in July in Houston, for example, and certainly don’t recall ever having lived through a derecho before. As someone who has lived in Houston my whole life, I see what my friends, neighbors, and family have gone through, and I want to do everything I can to help.” On July 8, 2024, Hurricane Beryl, a Category 1 (almost Category 2) hurricane, ripped through Houston, leaving more than 2.1 million people without power for several days, if not weeks, and causing millions of dollars in damages. It is estimated that Hurricane Beryl will cost homeowners and business owners in Harris County, Texas (the 4th largest county in the country), somewhere between $210 million to $600 million in damages. This comes on the heels of the May 16, 2024, derecho, a rare widespread damaging windstorm believed to have cost Houston area residents about $5–$8 billion in damages. Brasher Law Firm partner Nishi Kothari, who lives in Houston
After these kinds of events, many are left wondering how to make an insurance claim or what to do if your insurance company denies your claim (partially or fully). Ms. Kothari further stated, “The sad truth is that insurance companies frequently deny valid claims, and we see it happening more and more because they know most people will simply accept what the insurance company is telling them and not fight back. In fact, last year, the Texas Department of Insurance reported that there were about 4,500 consumer complaints made by homeowners in Texas about their insurance claims either being denied or underpaid or delayed.” The simple truth is that every policyholder has the right to question a claim denial and fight for a fair payout on a valid claim. You need to fight and advocate for yourself. But once you feel like you’ve hit the end of your rope, it’s smart to get a lawyer involved. Recent changes in Texas law make this tricky to navigate. Brasher Law Firm recently shared a blog post about the Texas Supreme Court’s latest decision, which you can find online at brasherattorney.com. You need an attorney who has experience handling these kinds of claims, has gone to trial over these types of claims, and is not afraid of even appealing to the highest courts in Texas to help you with your claim. Our firm offers free consultations. Call us today if you’ve been denied payment or were underpaid on your insurance claim. Our Houston office is ready to assist you!
Baked Sausage With Apples and Fennel Inspired by GoodHousekeeping.com
This comforting dish, packed with seasonal flavors, is perfect when the weather starts to get chilly.
Ingredients • 2 apples • 1 fennel bulb • 8 raw, flavored sausages • 2 red onions cut into wedges • 1 tsp fennel seeds
• 2 tbsp fresh oregano leaves • 2 tbsp olive oil • 2 tsp honey • 2–3 oz dry white wine
Directions 1. Preheat oven to 400 F. 2. Cut apples into 6 wedges and slice off any core, leaving the skin on. Place in a roasting pan. 3. Slice fennel in half and remove the core. Chop and add to pan along with sausages and onion wedges. 4. Using a pestle and mortar, break up fennel seeds and sprinkle over the pan. Add oregano. 5. Next, drizzle oil, honey, and wine over the ingredients, then toss all together. 6. Roast for 40 minutes, tossing occasionally until sausages are golden and fruit and veggies are tender.
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1122 Orleans St. Beaumont, TX, 77701 (409) 832-3737 brasherattorney.com
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Meet Melinda, Our Multitasking Hero and Former Client Explore the Positive Benefits of Pets for Kids Texas Supreme Court Sides With Public Adjusters Hurricane Beryl Tears Through Houston Baked Sausage With Apples and Fennel
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The Joy of Apple Picking
Most of the apples you find in stores are ripening now, making September prime apple- picking season! When green apples begin to turn yellow and red apples brighten in color, they are ready to be gathered up. If you are looking for a great excuse to get out in nature with your family or just hankering for some fresh produce, then apple picking is the thing for you. Orchards all over the country have a you-pick season so you can bring home your own fresh apples. Here is how to get in on the apple-picking trend right now! HOW DO YOU LIKE THEM APPLES? If you and your kids aren’t paying to pick apples, and you don’t have the owner’s permission, that’s stealing. If you (or someone else) pay your kids to pick apples, that is child labor, which is, sadly, also illegal. Kidding aside, for the most part, to pick apples at an orchard, you must pay for the privilege. Orchards all across the country have different varieties of apples ripening all the time. Whether you’re in Maine, Michigan, California, or somewhere in between, you are likely ready to go on an apple-picking frenzy with family! ENJOY THE FRUITS OF YOUR LABOR. After a long day of picking apples and making memories, you need a place to put them. Sure, if you want to dig into your apples right away, a bowl on the counter is fine. But if you want to store these apples for safekeeping (or making pie, apple crisp, apple sauce, or myriad other things), keep them somewhere nice and cool, like a refrigerator. If you keep your apples cool, they’ll stay good for weeks, ensuring you can enjoy the fruits of your labor all month! BASKETS OF FUN Apple Picking With the Whole Family
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