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Homeowner questions whether insurance trouble could be fixed after citing law, state weighs in

BATON ROUGE - In February, 2 On Your Side sat down with John Rosso who explained how a phone call changed his life. Rosso says all he did was call his insurance company to see if something might be covered. Months later, he hasn't given up and says a state law is questioning everything that happened.

The phone call made to American National in 2023 inquired about a roof leak and whether or not it might be covered under Rosso's insurance policy. He was not provided with a yes or no answer, and instead, an adjuster took a look for themselves.

"They did come out because when I called them to inquire, they said, 'We cannot make a determination whether or not it's covered without sending someone out,' so I said, 'Send them!'" said Rosso.

It turns out that the invitation initiated a claim. Rosso opted to make the repairs himself and did not collect an insurance check from American National. Then, in 2024, a larger disaster occurred at Rosso's home. A water line under the kitchen sink broke while they were out of town and leaked water all over the first floor.

"It had flowed for two days, and it completely flooded the house," he said.

Rosso went through insurance for that incident and did collect a check. That was also around the time American National said it was leaving the state, and Rosso would need to find a new insurance carrier. No one would quote him a price. "They said we had two water claims in less than two years," he said.

Even though Rosso didn't accept payment for his roof leak, it was recorded on the CLUE report, a national database accessed by all insurance providers to track claims.

"Unbeknownst to me, that call resulted in what's defined as a claim," he said.

The Louisiana Department of Insurance looked into what happened and found that this was a disagreement between parties. Now Rosso is questioning the law. Louisiana statute 22:1266 says, "An incident shall be a claim only when there is a demand for payment under the terms of the policy. A report of loss or a question relating to coverage shall not independently establish a claim."

"No money ever changed hands; there is no indication that I requested money," said Rosso.

Months later, Rosso is trying to fight what happened. He has inquired with the Attorney General's office and independent attorneys. He can't find a lawyer to take his case.

"That's the purpose of LDI, it's supposed to represent us and I'm finding I don't feel that way, I don't feel like I have good representation," said Rosso.

Spokesperson for the Attorney General's Office, Lester Duhe, confirms they were contacted by Rosso about the situation. "We contacted the Louisiana Department of Insurance. LDI fully investigated the claim. It is our understanding that LDI came to the conclusion that a valid claim was made by Mr. Rosso against his insurance company. That's what we were told by officials with the Louisiana Department of Insurance."

LDI Deputy Commissioner John Ford told 2 On Your Side, "After taking another look at the complaint, including a review of the law the constituent referenced, our staff determined our original finding that the claim is valid was correct. We appreciate the opportunity to assist policyholders through the complaint process and encourage anyone who has questions about how they have been treated by an agent or insurer to contact our Office of Consumer Services for help."

In the meantime, Rosso has coverage with Louisiana Citizens, the state's insurer of last resort.

"I was not able to get any other insurance other than Louisiana Citizens which is four times the expense," he said.

Rosso has to stick with Louisiana Citizens for five years because claims information in a CLUE report typically stays on record for five to seven years. In that time, he says it'll cost him about $60,000 to protect his property. 

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