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THE BRASHER
BULLETIN
June/July 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
A PERFECT MATCH! Meet Marianne, Our Settlement & Disbursement Manager
Every cloud has a silver lining, and in 2021, the saying couldn’t have been truer. I’m Marianne, your settlement & disbursement manager, and I’m thrilled to share a bit about my journey and what I do here with the Brasher Law team. Life has a way of taking unexpected turns, and mine led me here during a time of personal trials and triumphs. In the summer of 2021, my life took a dramatic turn. My husband was diagnosed with a brain tumor. After its removal, he faced further challenges with meningitis, necessitating additional surgery. During
While some people wouldn’t necessarily love dealing with numbers all day, I’m the opposite! I genuinely find my work deeply satisfying, not just in the precision it demands but also in the joy it brings. It’s usually good news when I contact our clients, and who doesn’t love delivering good news? The relief and happiness they express when settlements are more than expected, that’s a hallelujah moment right there. Despite not being involved in the early stages of case development, I make it a point to familiarize myself with each case’s
this challenging period, I needed to step into a new role outside our home to support our family. Fortunately, Clint became aware of my situation through our mutual connections at church and school with the office manager, Christina, and directed her to reach out. They offered me a position here in July of that year, and it quickly became apparent I was in the perfect place. Joining the Brasher Law team has felt like fitting the right piece to the puzzle! Now, as the settlement and disbursement manager, I handle what might be considered the lifeblood of our financial interactions — the client settlements. My role involves meticulous management of incoming and
background. This helps me appreciate the impact of our work on clients’ lives. Seeing the notes where we exceed settlement expectations is always the mood boost I need to keep working diligently for our clients and team. On the personal front, life is beautifully hectic. My husband has recovered well and is now the superhero stay-at-home dad to our seven boys, ranging from toddlers to teenagers. They keep us on our toes with their extracurriculars, which range from baseball to theater. Every day is an adventure filled with events and milestones! Our family also includes Velvet, a Dalmatian who is inseparably attached to our 4-year-old. She’s part of the bustling, lively household that supports me as I support our clients. Being part of Brasher Law Firm is more than a job; it’s a community where I’ve found strength and purpose during some of my most challenging times. Here, I not only manage financial assets but also build lasting relationships with clients and colleagues alike. I look forward to many more years of growing professionally and personally, helping our clients move forward with their lives in powerful ways. Thank you for welcoming me into this incredible family. Here’s to many more years of making a difference together!
Dallas Office 6160 Warren Pkw Suite 100 Frisco, TX 75034 (972) 928-0517
outgoing payments, ensuring everything from the initial receipt to the final disbursement is accurate and timely. I also coordinate with clients on how they prefer to receive their settlements, provide tracking numbers, and ensure transparency and accuracy in how the funds are allocated.
–Marianne Ochoa
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Hosting the Ultimate Outdoor Movie Night Whether it’s blocking pucks during a street hockey game or checkmating chess hustlers at the park, traditionally indoor activities take on an entirely new feel and flavor when taken outside. While a rare sight these days, movie-goers worldwide used to enjoy cinema from the comfort of their cars at drive-in theaters. These made a brief resurgence during the pandemic, but now that movies are rolling in theaters again, the fad has begun to die off. These days, if you want to watch a movie, it seems like you are limited to three options: Watching it at the theater, on your TV, or on your phone or tablet. Now, I think we can all agree that watching a movie outside on your phone does not make for a great cinematic experience. Debtrette, a TikTok influencer and mom, has a suggestion. She put a spin on an old classic — family movie night — by holding it in her backyard with all the conveniences you would expect at a movie theater — like an air mattress, pillows, and blankets! If you are looking for a fun way to spruce up a traditional movie night, what better way than to bring it outside under the stars? Here are some necessities to make your moonlight movie night truly magical: • A portable projector screen, like a sheet on a clothesline • Portable movie projector • Candy, popcorn, and beverages • Some outdoor seating and cushions • Lamps, lanterns, or candles • Warm blankets • The perfect movie to bring it all together You can find screens and projectors to fit any budget, and your movie selection will depend on the crowd. Just make it fun: Lie back on the grass and watch “Antz” or lounge in the pool while watching “Jaws”! The key is to make the experience unforgettable, and all who share in it will be thankful for your effort to make it all possible. MOONLIT MOVIE MAGIC
OUR CLIENTS SAY IT BEST!
“Brasher Law Firm was outstanding in handling my life insurance case. They were very compassionate and professional and didn’t waste any time getting my settlement. Christina kept me informed of any changes, and I had contact with her on a regular basis. I would highly recommend this law firm to anyone needing help.” –Melanie D. “Brasher Law Firm is the best law firm I have ever come in contact with. If anyone needs any help with anything, even if it’s not the type of law they practice, they can find you some of the best help!!! They go above and beyond! Even in my bad times, when my wife passed away, Brasher Law Firm has been there to support me through it all; they constantly checked in on me and provided me with the care of a friend. I have recommended Brasher Law Firm to numerous people around me, and he and his firm treat everyone with the utmost respect. If you need a lawyer’s help with anything, Brasher Law Firm WILL NOT DISAPPOINT!!!” –Larry G. “Highly recommend this amazing firm and team. Brooke and Clint went over and beyond to get our insurance claim to mediation and settled. Very professional and caring throughout the whole process. I will always recommend them to all my friends and family.” –Carrie J. “Amazing experience. If you want a firm that is knowledgeable, responsive, ethical, honest and will have your best interest, choose Brasher Law Firm.” –Jill R.
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LOUISIANA CHANGES BAD FAITH LAW More Time Given to Insurers to Pay for Covered Claims
On May 7, 2024, Louisiana Gov. Jeff Landry signed SB 323, which repealed a major bad faith law and rewrote the prompt pay law. The new law gives insurance companies more time to respond to claims during catastrophes and arms them with tools to make claims against
the old law. Yet, previously, attorney’s fees and costs were not recoverable in former Article 22:1973, and now they are. 4. There is now a way for the insurer to shift risks to the insured by alleging that the insured has acted in bad faith — say, by submitting an “estimate or claim for damages that lacks a basis for coverage … or lacks a good faith evidentiary basis .” 1892(J)(2)(c). This is vague, and I would expect it would be claimed often by over-zealous defense attorneys. Our firm has handled many of these cases, and except for the provision allowing the insurer to allege breach, nothing in the new law should hinder the old law’s effectiveness. We are the first firm to have a trial verdict for a case covered by these changes affirmed by the 5th Circuit in New Orleans. In our case, the changes to the law would have improved our damage model and what we could have recovered as we would have been able to recover economic damages sustained by the church
their insureds. THE OLD LAW Here is a summary prior to the signing of SB 323:
because of a breach (we did not submit a 1973 claim). Exhibit A following this article is a chart of the new law.
THE NEW LAW Section 1973 has been repealed. In its place, language was added to section 1892 to incorporate the bad faith duty into its prompt pay framework. The new law borrows a notice period from Texas, creates a safe harbor for the insurer based on the notice period (excusing tardy payments), and adds a landmine that could eviscerate the penalties and fees the insurer owes its insured if the insured or their attorney overreach. For non-catastrophe claims, the law will work like the old law. But when the president or governor declares an emergency, new rules apply that give the insurer more time and ways to avoid penalties. TAKEAWAYS 1. A Notice letter (“cure period notice”) is now required for catastrophe claims. What is troubling is what constitutes a demand or notice — if it is a written notice from an attorney, it could mean that months and months of violations of the statute will be excused. In other words, if the policyholder delays hiring counsel and fails to provide a notice prior to, a Notice sent 18 months after the loss and paid within 60 days insulates the insurer from prompt pay penalties. 2. The duty of good faith and fair dealing, including the duty to adjust claims fairly, and four of the five prohibited actions from Section 1973 are incorporated into 1892. Breach of those duties still entitles the policyholder to damages, but now, instead of “any” damages, it says “any proven economic damages,” i.e., no mental anguish claims. 3. The penalty for violating this “statutory bad faith” case is now limited to contractual damages — 50% of the “amount due from the insurer to the insured” plus proven economic damages and reasonable attorney’s fees and costs. No penalty is applied to extra-contractual damages — this is another departure from
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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
1122 Orleans St. Beaumont, TX, 77701 (409) 832-3737 brasherattorney.com
ISSUE IN THIS
1.
Marianne’s Inspiring Journey at Brasher Law Firm
2.
Host a Movie Night Under the Stars
What Our Clients Have to Say About the Brasher Law Firm New Law Affects Catastrophic Claims
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4.
How a Pet Husky Prevented Disaster
HERO HUSKY SAVES THE NEIGHBORHOOD
On Dec. 15, 2023, pet owner Chanell Bell of Philadelphia was taken aback when she noticed that Kobe, her 4-year-old miniature Alaskan husky, had dug a hole in her home’s front yard. This was a stark departure from Kobe’s usual behavior, which Bell initially dismissed as boredom and promptly refilled the hole. However, when Kobe began to dig again in the same spot, Chanell realized something was amiss. “We’ve been here at our home for a while now, and he never digs holes,” Bell told USA Today. “So, I knew something was up.” She investigated further, reviewing footage from the family home’s security camera overlooking Kobe’s newfound digspot. Then, she witnessed Kobe sniff the air around the area before digging the hole in the same spot again. Thinking something Kobe smelled must have alarmed him, Bell phoned Philadelphia Gas Works, which sent a crew out to investigate. The engineers discovered that the gas lines beneath the Bell household were old, dilapidated, and beginning to leak. After fixing the issue, the company told Bell that if Kobe had not discovered the leak, the line would have posed significant health and safety concerns for the whole neighborhood. “They told me something as simple as a light switch turning on could’ve caused an explosion,” Bell told USA Today. After Bell shared Kobe’s story on social media, it caught the attention of PETA, the People for the Ethical Treatment of Animals, who awarded the young husky the Heroic Dog Award. Inspired by Kobe’s efforts, Bell wrote a children’s book dedicated to him called “The Dog That Saved the Block Before Christmas.”
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