Roofers, Insurance, Hurricanes and Fraud
Post 5234
See the video at https://rumble.com/v7281fq-a-blue-tarp-is-not-a-roof-repair.html and at https://youtu.be/tgdzky79tG0, and at https://zalma.com/blog plus more than 5200 posts.
Homeowners Defrauded by Roofer Litigates for Years to Get Their Money Back
In Gary v. Hollier’s Specialty Roofing, Inc., 23-260 (La. App. 3 Cir. 12/27/23), 389 So. 3d 109 Ryan Gary and Rebecca Gary (the Garys), homeowners who suffered roof damage from Hurricane Delta sued Hollier’s Specialty Roofing, Inc. (Hollier Roofing), a roofing contractor who took the money and refused to complete the repair of the roof.
KEY FACTS
The Garys’ roof was damaged by Hurricane Delta on October 9, 2020. The next day, they signed a written agreement with Hollier Roofing for repairs, including an addendum authorizing direct insurance payments from their insurer, Federal National Insurance Company.
Hollier Roofing installed a temporary tarp and received payments totaling $18,278.21 ($2,190 from the Garys for the tarp, plus insurance checks of $5,588.88 for the tarp and $10,499.33 for repairs). However, no further work was done, and Hollier Roofing submitted escalating estimates ($21,234.04, then $22,406.46) for full roof replacement, leading to an updated insurance approval of $18,224.80.
Frustrated by the lack of progress, the Garys demanded return of unearned funds ($12,689.13) in April 2021. Hollier Roofing partially refunded $6,043.47 but retained $6,645.66, claiming it for overhead, profits, and services under the agreement. The Garys sued in May 2021 for declaratory judgment (invalidating the contract), unjust enrichment, and violations of Louisiana’s Unfair Trade Practices Act (LUTPA).
PROCEDURAL HISTORY
Trial Court Proceedings
On July 2021 the trial took place on declaratory action and Hollier Roofing’s exception of prematurity. March 2022 judgment invalidated the written contract and overruled the exception (unappealed).
April 2022: Hollier Roofing filed an answer and reconventional demand for breach of contract and LUTPA attorney fees. In May 2022 the Garys moved to strike the reconventional demand and for partial summary judgment on unjust enrichment.
In June 2022: Hollier Roofing filed a cross-motion for summary judgment and an amended answer/reconventional demand (without leave for the answer portion). The Garys responded with motions to dismiss the amended pleading, for sanctions, and to compel discovery. On August 19, 2022 the court granted Garys’ motion to strike reconventional demand, partial summary judgment (awarding $6,645.66 for unjust enrichment), and sanctions ($1,500 attorney fees) and concurrently denied Hollier Roofing’s cross-motion for summary judgment.
On August 31, 2022 the court entered a Supplemental Judgment granting the Garys’ motion to compel discovery and denied Hollier Roofing’s motion for leave to amend.
Hollier Roofing appealed both judgments (amended May 15, 2023, for decretal language). Garys answered seeking additional attorney fees.
ISSUES ON APPEAL
The Third Circuit Court of Appeal conducted de novo review for summary judgments and abuse of discretion/manifest error for other issues and held.
Garys’ Partial Summary Judgment was reversed. Garys’ supporting documents (check copies) were unauthenticated (not affidavits/depositions; prior admissions insufficient under La. Code Civ. P. art. 966(D)(2)). Genuine issues of material fact remained on unjust enrichment.
Dismissal of Cross-Motion for Summary Judgment (Affirmed): Untimely served under La. Code Civ. P. arts. 966(B)(1) & 1313(C) (no electronic confirmation of delivery; “Not Read” receipt insufficient).
Denial of Cross-Motion for Summary Judgment was moot. Dismissed as untimely served. Sanctions/Attorney Fees (Reversed): Manifest error under La. Code Civ. P. art. 863; no exceptional circumstances. No bad faith or improper purpose.
Denial of Leave to Amend was affirmed because there was no abuse; evidence showed Hollier Roofing’s pattern of bad faith (delaying tactics, undue prejudice to Garys).
Garys’ Request for Additional Attorney Fees was denied.
DISPOSITION
August 19, 2022 Judgment (as amended) was reversed and dismissed Hollier Roofing’s LUTPA attorney fees claim, Garys’ partial summary judgment, and sanctions/attorney fees was affirmed.
ZALMA OPINION
Hurricanes are hotbeds for fraud perpetrators. The litigation made clear that defendant Hollier Roofing acted horribly to the Garys. They took their money, put a tarp on their roof, and left. Their actions were clearly fraudulent and they deserved judgments against them but had enough money to take the Garys’ through litigation for years from 2020 to 2025 where the opinion finally got a judgment that the Garys can use to get some of their money back if Hollier has funds that can be attached and garnished to the Garys.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the InsuranceClaims Library – https://lnkd.in/gwEYk.
Insured Must Give Prompt Notice of Loss
Post 5256
Read the full article at https://lnkd.in/gBXRbKXD, see the video at https://lnkd.in/g4DKfUDz and at https://lnkd.in/g65V_RQ7 and at https://zalma.com/blog plus more than 5250 posts.
Once The Insured Knows There is Damage It is Obligated to Report the Loss to the Insurer
In Greater St. Stephen Ministries, Inc. v. Mt. Hawley Insurance Company, No. 24-cv-3130 (AS), United States District Court, S.D. New York (January 2, 2026) resolved a case brought by a church against an insurance company for denying coverage after Hurricane Ida. After discovery, the insurance company moved for summary judgment because it claimed the insured breached a material condition of the policy.
BACKGROUND
Greater St. Stephen Ministries, Inc., a church located in Louisiana, owned property that suffered damage from Hurricane Ida on August 29, 2021. The property was insured under a policy with Mt. Hawley Insurance Company, which required the insured to provide “prompt notice” of any loss or damage, ...
Insured Must Give Prompt Notice of Loss
Post 5256
Read the full article at https://lnkd.in/gBXRbKXD, see the video at https://lnkd.in/g4DKfUDz and at https://lnkd.in/g65V_RQ7 and at https://zalma.com/blog plus more than 5250 posts.
Once The Insured Knows There is Damage It is Obligated to Report the Loss to the Insurer
In Greater St. Stephen Ministries, Inc. v. Mt. Hawley Insurance Company, No. 24-cv-3130 (AS), United States District Court, S.D. New York (January 2, 2026) resolved a case brought by a church against an insurance company for denying coverage after Hurricane Ida. After discovery, the insurance company moved for summary judgment because it claimed the insured breached a material condition of the policy.
BACKGROUND
Greater St. Stephen Ministries, Inc., a church located in Louisiana, owned property that suffered damage from Hurricane Ida on August 29, 2021. The property was insured under a policy with Mt. Hawley Insurance Company, which required the insured to provide “prompt notice” of any loss or damage, ...
New Trial Because Jury Used Policy That Provides No Coverage to Assess Damages
Post 5255
Read the full article at https://lnkd.in/drG3xH2R, see the video at https://lnkd.in/d6p8e-9p and at https://lnkd.in/dgPsQ3Sn, and at https://zalma.com/blog plus more than 5250 posts.
In Brown & Brown of Florida, Inc. v. Houligan’s Pub & Club, Inc., and Ormond Wine Company, LLC, Nos. 5D2024-2352, 5D2024-2458, Florida Court of Appeals (January 2, 2026) the Court of Appeals was faced with a case of first impression that involved damages from a hurricane that hit the East Coast of Florida almost a decade ago and the extent to which an insurance broker is responsible for paying for such damages.
The jury entered a verdict in favor of the insurance broker on the insured’s claim that it was negligent in failing to procure insurance, but it found in favor of the insured on claims of breach of fiduciary duty and negligent misrepresentation.
The insurance broker does not contest it breached its duties on these two claims, only ...
Court Must Follow Judicial Precedent
Post 5252
Read the full article at https://www.linkedin.com/pulse/sudden-opposite-gradual-barry-zalma-esq-cfe-h7qmc, see the video at and at and at https://zalma.com/blog plus more than 5250 posts.
Insurance Policy Interpretation Requires Application of the Judicial Construction Doctrine
In Montrose Chemical Corporation Of California v. The Superior Court Of Los Angeles County, Canadian Universal Insurance Company, Inc., et al., B335073, Court of Appeal, 337 Cal.Rptr.3d 222 (9/30/2025) the Court of Appeal refused to allow extrinsic evidence to interpret the word “sudden” in qualified pollution exclusions (QPEs) as including gradual but unexpected pollution. The court held that, under controlling California appellate precedent, the term “sudden” in these standard-form exclusions unambiguously includes a temporal element (abruptness) and cannot reasonably be construed to mean ...
Lack of Jurisdiction Defeats Suit for Defamation
Post 5250
Posted on December 29, 2025 by Barry Zalma
See the video at and at
He Who Represents Himself in a Lawsuit has a Fool for a Client
In Pankaj Merchia v. United Healthcare Services, Inc., Civil Action No. 24-2700 (RC), United States District Court, District of Columbia (December 22, 2025)
FACTUAL BACKGROUND
Parties & Claims:
The plaintiff, Pankaj Merchia, is a physician, scientist, engineer, and entrepreneur, proceeding pro se. Merchia sued United Healthcare Services, Inc., a Minnesota-based medical insurance company, for defamation and related claims. The core allegation is that United Healthcare falsely accused Merchia of healthcare fraud, which led to his indictment and arrest in Massachusetts, causing reputational and business harm in the District of Columbia and nationwide.
Underlying Events:
The alleged defamation occurred when United ...
Zalma’s Insurance Fraud Letter
Read the full article at https://lnkd.in/dG829BF6; see the video at https://lnkd.in/dyCggZMZ and at https://lnkd.in/d6a9QdDd.
ZIFL Volume 29, Issue 24
Subscribe to the e-mail Version of ZIFL, it’s Free! https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/
Zalma’s Insurance Fraud Letter
Merry Christmas & Happy Hannukah
Read the following Articles from the December 15, 2025 issue:
Read the full 19 page issue of ZIFL at ...
