[StBernard] Questions on Oil and Demolition

[Westley Annis]

Dean,
 
I can not answer your legal question, but disclosure of your property
experiences is something that you should definitely check into.
 
On the demo issue, I'll give you an answer.  The reason for the statement on
the form being there is because it is required that we inform residents of
this policy-  there is a little something that your insurance agent should
check into and that is the policy of a policyholder collecting on a claim
that is not accurate- perhaps the word that he/she should have come up with
was fraud.  While the parish has no intention of suing our residents over
this issue, it is incumbent upon us and required by FEMA that we inform
residents of this requirement that policyholders who collect from the
insurance company for demolition (partial or complete) and have the service
performed at no direct cost to the resident, the expectation is that the
money would be collected.  If you or any other resident chooses to make or
collect additional money for demolition that one does not have to pay for
and does not refund the money so be it- that is a choice you have to make,
but the informed consent is a legal requirement.  This should not be
misunderstood to mean that a policy holder should hand over insurance
benefits for demolition that were not given for demolition.  Plain and
simple- if you were reimbursed for demolition but didn't pay for it be aware
of what your position is-  if you received no money for demolition then
obviously there is no problem.  The parish has no intention to chase down
our residents on this issue.
 
As far as the suggestion to get a group of residents together to hire a
contractor to demo your houses- there is nothing that prohibits that from
happening, barring proper permitting etc.  But to assume the residents will
each get a lump of money and then go hire a contractor at a lower price and
make money off the deal, I think is a stretch-  if you can do it- more power
to you guys.  I hope you find a way to get as much reimbursement as
possible.
 
If you collect ICC (increased cost of compliance) money for other measures,
obviously it is directly tied to that process- invoice and reimbursement
method.  
 
Good luck and God Bless,
Craig