Brasher Law Firm - February 2024

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THE BRASHER

BULLETIN

February 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

WE FOUGHT THROUGH APPEALS FOR A SMALL LOUISIANA CHURCH

In August 2022, Brasher Law Firm tried the second Hurricane Laura trial in federal court in Lake Charles, Louisiana. The church — a small Pentecostal church located in Dry Creek, Louisiana — made a claim for damages caused by Hurricane Laura but were told that their damages were less than their deductible, and the Church was paid nothing for their damages. The Church hired Brasher Law Firm, who in turn hired engineers, appraisers, adjusters, and claims experts to defend the Church. After a four-day trial, Clint Brasher and Nishi Kothari won a verdict for the Church for over $500,000. Church Mutual Insurance Company, the church’s insurance company, refused to pay and appealed. The insurance company objected to almost everything about the trial, including the visual aids used at trial, the comments of counsel in opening and closing arguments, the verdict the jury returned (including not believing there was sufficient evidence to find the insurance company acted in bad faith). Going to trial is not easy. I’m including a picture of our typical trial preparation materials, which includes bringing

Dallas Office 6160 Warren Pkw Suite 100 Frisco, TX 75034 (972) 928-0517

our own bookshelf. All of the binders were what we used at the trial. Our bookshelf on wheels and binders even drew an objection! What you see in the pictures is the typical amount of work we do on cases for our clients, especially if they go to trial. Since we care so deeply about this area of law, we bring our knowledge of legal rules for claims handling and industry standards and the books about how insurance companies should treat their customers. We use them to remind the insurance company what they were supposed to have done and to inform the jury what

rules and standards there are that apply to how insurance companies are supposed to investigate and pay claims. On Jan. 5, 2024, the U.S. Fifth Circuit in New Orleans rejected the insurance company’s arguments, upholding our jury verdict and the Court’s judgment, and ordered Church Mutual Insurance Company to pay. The firm’s success in this case is an example of how the law firm will fight all the way to defend its clients when they are wrongfully treated. After hundreds of hours and the completion of a 4-day trial, we worked hours

and hours more defending the jury’s decision and the Court’s judgment. The opinion by the U.S. Fifth Circuit is a vindication of that hard work as well as the wisdom of the judge and jury. –Clint Brasher

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With Regenerative Gardening Regenerative gardening, often called the “Back to Eden” method, is a game-changer for gardeners. This approach harnesses the power of nature to create a thriving, sustainable garden with minimal effort. We’re here to share what regenerative gardening is, why it’s an excellent choice for gardeners, and how to implement it yourself. WHAT IS REGENERATIVE GARDENING? Paul Gautschi’s documentary “Back to Eden,” featuring his transformative garden, put regenerative gardening on the map. The concept is based on replicating natural ecosystems within your garden by following three basic steps: Wood Chip Mulch: The garden bed is covered with a thick layer of wood chips, mimicking the forest floor. This mulch conserves moisture and slowly breaks down, providing nutrients to the soil. No Tilling: Unlike traditional gardening, regenerative gardening encourages minimal soil disruption. No digging or turning of the soil is needed, reducing weed growth and preserving beneficial soil organisms. Natural Composting: Instead of chemical fertilizers, composting is used to enrich the soil naturally. Nutrient-rich materials are added on top of the wood chip mulch, allowing rainwater to help leech the nutrients into the soil. WHY CHOOSE REGENERATIVE GARDENING? It’s low-maintenance, serving as an effective weed barrier and moisture retainer, reducing the need for constant weeding and watering while maintaining soil health. Additionally, this method promotes sustainability by removing chemical additives from your garden. The gradual decomposition of wood chips enriches the soil naturally over time, yielding impressive harvests without synthetic fertilizers. HOW TO GET STARTED Clear existing weeds to prep the garden, then apply a substantial layer of chemical-free wood chips, at least 4–6 inches deep. Adding a layer of compost atop the wood chips will initiate the natural decomposition process. For planting, create holes or trenches within the wood chips and place your seeds or seedlings directly into the compost layer. To maintain your garden, top the wood chip mulch layer as needed, and continue adding compost annually to nurture your garden. Regenerative gardening is an innovative approach that can transform your green space into a thriving, low-maintenance oasis. Embark on your regenerative gardening journey and witness the magic for yourself! GET ‘BACK TO EDEN’ IN YOUR YARD

HEAR IT FROM OUR CLIENTS!

Honest Reviews We Are So Proud Of “I would like to thank the Brasher Law Firm, especially Nishi Kothari, for handling my case against my insurance company after Hurricane IDA in 2021. I had sustained a large amount of damage to my properties, and the insurance company was not allowing the money needed to cover all of my repairs, so I hired the Brasher Law Firm, and they immediately went to work. “They were always available to update me and answer any questions about my case. Nishi was always well prepared in mediation hearings and negotiations for a settlement. It took about 18 months, but Nishi was always there working for a settlement. I agreed to a settlement and received the necessary money for my repairs. I would recommend using the Brasher Law Firm again in cases involving insurance claims in the future.” –Darcy “ #1 Recommended Law Firm. Everyone is so wonderful and friendly. I have so much respect for the Brasher Law Firm because they are extremely honest and loyal. For any reason, if they cannot assist you, they will recommend you to an agency that can. (If you are a client, they are on a step-by-step basis with you from the beginning to the end.) They are unlike any Law Firm I have ever seen. They provide straight-up answers and don’t keep you in the dark about anything. Personally, I’m extremely thankful for all their hard work and sincerity.” –Riley “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 was 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

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FROM DENIAL TO VICTORY How We Triumphed Over Adversity in a Bad Faith Insurance Case

two years when the devastating Hurricane Laura swept through our area. The storm left a trail of destruction, including significant damage to our clients’ home. Within two weeks of the hurricane, their insurance company conducted an inspection. Despite the recent catastrophic weather event, their insurer concluded that the damage to the roof was due to “wear and tear,” not the storm. This is despite the insurer’s determination that the roof was in good condition only two years prior. The insurer claimed the damage to the home was under the deductible and denied our clients’ claim. This is when our team stepped in. We believed in our clients and knew they deserved better. Our associate attorney, Brooke Wilhelm, took charge of the case. Brooke’s tenacity and expertise were instrumental in turning the tide in our clients’ favor. After an unsuccessful mediation in December of 2022, our clients stayed patient with us as Brooke retained an additional roofing expert and continued to prepare the case as if it were going to trial. Six months later, the parties agreed to a second mediation, and because we stayed the course and fought hard for our position, we were able to add value to the case and reach a fair resolution! After a hard-fought battle, we are thrilled to announce that we settled a zero-pay case for over $400,000. This settlement is a testament to our unwavering dedication to advocating for our clients and our expertise in navigating insurance disputes. We continue fighting for those affected by Hurricane Laura and other natural disasters, ensuring they receive the compensation they deserve.

BREAK TAKE A In 2018, our clients, whom we will call Richard and Cassandra Smith, purchased their dream home. As part of the insuring process, an underwriting inspection was conducted, which found the roof to be in good condition with no known issues. Fast forward In the face of adversity, Brasher Law Firm is a beacon of hope for those who feel wronged. We are proud to share one of our recent success stories that underscore our commitment to justice and our expertise in bad faith insurance law.

Puff Pastry Berry Hearts Inspired by Weelicious.com

Valentine’s Day means heart-shaped everything, even desserts! Bake these puff pastry berry hearts for Valentine’s Day or any other day.

Ingredients: • 1 package frozen puff pastry, defrosted • 1 cup heavy cream

• 1 tsp powdered sugar • 1/2 cup fresh raspberries (or berries of your choice)

Directions: 1. Preheat oven to 400 F. Unfold the puff pastry and use a heart-shaped cookie cutter to cut into heart shapes. 2. On a baking sheet, place puff pastry hearts and bake for 10–12 minutes or until golden brown. 3. In a standing mixer, whip the cream on medium-high speed for 2–3 minutes. Add the powdered sugar and beat on high for 30 more seconds or until thick and fluffy. 4. Remove hearts from the oven and allow to cool completely. Slice each heart in half between pastry layers to create 2 hearts. Top the bottom half with whipped cream and berries, and place the other half on top to form a sandwich.

AQUARIUS CANDY CUPID GROUNDHOG

HEART LINCOLN CHOCOLATE PENNSYLVANIA

PHIL PRESIDENTS VALENTINE WINTER

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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.

We Bring Everything Needed to Win

2.

The ‘Back to Eden’ Method for Your Garden

What Our Clients Have to Say

3.

Our Team Brings Justice After Hurricane Laura

Puff Pastry Berry Hearts

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Meet Tank, a Canine Companion and Protector

A HEROIC HOUND’S STORY The Bravery of Tank the German Shepherd

In a remarkable display of courage and instinct, a German shepherd named Tank recently became an overnight sensation. His heroic act, captured in a TikTok video with over 45 million views, showcased the extraordinary bravery of our canine companions. Tank’s story begins on an ordinary day that quickly turned extraordinary when he saved his owner’s 6-year-old son from a dog attack in November 2022. As the young boy played in the front yard of his South Florida home, a neighboring dog, unrestrained and aggressive, charged toward him. In an instant, Tank leaped into action. The dog pushed the boy to the ground and then placed himself between the boy and the oncoming threat, averting a possible tragedy. Tank’s quick thinking and fearless stance saved him and demonstrated the innate protective nature of German shepherds.

German shepherds are a breed recognized by the American Kennel Club for their loyalty and protectiveness, making them the first choice for families seeking a dependable guardian. Like many German shepherds, Tank possesses a unique blend of courage, intelligence, and loyalty. These dogs are not just pets; they are devoted protectors and family members willing to put themselves in harm’s way for their loved ones.

Tank’s story is more than a viral sensation; it’s a testament to the deep bond between dogs and humans. His actions remind us of dogs’ invaluable role in our lives, offering unconditional love and unwavering protection when needed. The boy’s mom wrote on social media that Tank is their “highly skilled professional home security officer.” “This is Tank & no, he is not professionally trained. He’s just a man with killer instincts, who loves a good chew toy,” she wrote after posting a video of Tank playing with his favorite toy. In today’s world, Tank stands out as a true hero. As we watch Tank’s story, we are reminded of the extraordinary capabilities of our four-legged friends and their profound impact on our lives. It’s a reminder that sometimes, heroes don’t wear capes; they have four paws and a tail.

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