1-206-467-5444 info@letherlaw.com

Hawaiʻi Wildfires and FEMA Assistance: A Guide from Lether Law Group

by | Aug 28, 2023 | Featured, Natural Disaster Claims, News & Updates

In light of the recent wildfires that have wreaked havoc across Hawaiʻi, Lether Law Group has received numerous inquiries from individuals, government agencies, and families seeking guidance on accessing/locating support. This guide is designed to address those questions by detailing the process to obtain assistance from the Federal Emergency Management Agency (FEMA). Given the high demand for such aid, it is imperative for applicants to be well-informed about the process and eligibility criteria. Being prepared with the necessary information streamline your application and secure the assistance you need mor efficiently.

What is FEMA?

The Federal Emergency Management Agency, or FEMA, is a vital resource for citizens and emergency personnel across the nation. Its mission is to prepare for, protect against, respond to, recover from, and mitigate all hazards, including wildfires. If you've suffered losses that are not covered by your insurance, FEMA may provide reimbursement.

Am I Eligible for FEMA Assistance?

Becoming eligible for FEMA assistance requires satisfying specific criteria:

    • Identity Verification: You must be a United States citizen, non-citizen national, or qualified non-citizen and have a valid Social Security Number.
    • Insurance Examination: It's essential to understand that FEMA will not cover disaster-related needs if they are already covered by insurance or other programs.
    • Ownership or Occupancy Verification: You must confirm that the disaster-damaged home is your primary residence.

How Do I Apply for FEMA Assistance?

Applying for FEMA assistance is a process that takes approximately 20 minutes. Here's how to get started:

  1. Prepare your Information: Gather your Social Security Number, annual household income, contact details, insurance information, and bank account details where the financial assistance will be deposited.
  2. Contact your Insurance Company: It's advisable to speak with your insurance company to confirm your insurer and policy information. For more information on insurance documentation, click here
  3. Begin the Application: Start your application online at DisasterAssistance.gov OR use the FEMA mobile app.  If you need assistance with the application, call FEMA at 800-621-3362 (open 24 hours aday/7 days a week – Multilingual operators are available)
  4. Submit and Track your Claim: Once your claim is submitted, you can follow the provided instructions to track its status.

How Lether Law Can Help

Lether Law Group has specialized in large first-party property losses for over 35 years, including multiple large fire loss and wildfire claims. Thomas Lether is approved as a FEMA Regional Counsel and has experience in significant natural disaster claims.

If you have any additional questions regarding your insurance policy or any of the information provided above, please feel free to reach out to our office. Lether Law Group proudly employs attorneys who are born and raised on the islands of Maui, Oahu, and the Big Island. We are more than happy to provide you with guidance on understanding your specific policy coverages.

Washington Landlords and Tenants: Remaining COVID-19 Eviction Protections Lifted

by | Aug 23, 2023 | COVID-19, Decisions, Events, Featured, Misc., News & Updates

The National Response to COVID-19: A Brief Overview

In early 2020, the nation was in a state of emergency due to the COVID-19 pandemic. Recognizing the risk of mass evictions as a result of the pandemic, many state and local governments enacted a moratorium on residential evictions. These moratoria effectively denied landlords the right to pursue an unlawful detainer (eviction) action - the only legal means of removing tenants for failure to pay rent.

Washington State's Eviction Moratorium and the ERPP Initiative

In Washington state, an eviction moratorium was in effect from March 18, 2020, through October 31, 2021. Following the end of the moratorium, the Washington state legislature passed E2SSB 5160 authorizing the establishment of an Eviction Resolution Pilot Program (ERPP) in any county in Washington state. The ERPP was designed to facilitate dispute resolution between landlords and tenants, by connecting them with a dispute resolution specialist and resources such as rental repayment assistance. Once the eviction moratorium ended on November 1, 2022, six counties in Washington state elected to participate in the ERPP: King, Pierce, Snohomish, Clark, Spokane, and Thurston. Each program established a local Dispute Resolution Center (DRC) and operated pursuant to a standing order issued by the local superior court.

Pursuant to the ERPP, landlords in participating counties were required to provide tenants with an ERPP Notice, advising tenants of their rights under the ERPP, and a proposed repayment plan for outstanding rent amounts owed. Upon receiving an ERPP Notice and proposed repayment plan, tenants had 14 days to negotiate a proposed settlement with their landlord via the local DRC. In circumstances where the landlord and tenant failed to come to an agreement during the 14-day period, or the tenant breached the agreement, the landlord was then authorized to send the tenant a 14-day notice to pay or vacate.

The End of ERPP and Its Impact

The ERPP ended by statute on July 1, 2023. Dispute Resolution Centers statewide reported that over 78,000 cases were closed and completed during the life of the program, and 73% of these cases closed because the landlord and tenant reached an agreement. Now that the program has ended, landlords are no longer required to provide tenants with an ERPP Notice or a proposed repayment plan before proceeding with an unlawful detainer for unpaid rent.

The end of the ERPP marks the end of all remaining COVID-19 eviction protections for tenants. However, some counties in Washington state still maintain permanent eviction moratoriums during parts of the year. In Seattle, City Council Ordinance 126041 creates a defense to eviction for tenants who would have to vacate their housing between December 1 through February 28 each year. Additionally, Seattle City Council Ordinance 126369 creates a defense to evictions for anyone in school, with children in school, or working at a school during the City of Seattle Public school year, which is generally the beginning of September through mid-June.

Need Legal Assistance? Contact Lether Law Group

Lether Law Group has attorneys licensed and actively participating in eviction proceedings in Washington state. To the extent that you have any questions about Washington landlord-tenant law or eviction moratoria, please feel free to contact us by phone at (206) 467-5444 or via email at info@letherlaw.com.

Standing Together for Maui: Lether Law Group’s Commitment to Wildfire Relief

by | Aug 16, 2023 | News & Updates

 Aloha Friends, Families, and Clients,

 As a native of Maui and a resident of Lahaina, witnessing the devastation caused by the recent wildfires has deeply affected me, the landscapes now scarred by the flames are the places I grew up in and the home that I now share with my own Family. When the land you've grown up on faces such adversity, it's not just news - it's personal.

 Growing up on Maui, I was surrounded by a community that lived and breathed the values of unity, resilience, and the Aloha spirit. Today, more than ever, these values guide our response to the challenges faced by our beloved Homeland.

 I am proud to say that several Attorneys at Lether Law Group are from the State of Hawaii. For them, and for me, this initiative is more than just a fundraiser; this is a heartfelt effort to give back to the communities and lands that have given us so much.

About the Maui Strong Fund

The Maui Strong Fund, an initiative spearheaded by the Hawaii Community Foundation, has been established to provide rapid resources in times of disaster preparedness, response, and recovery. As Maui faces the brunt of devastating wildfires, this fund is currently channeling its efforts to support the affected communities and the recovery of the Island's cherished landscapes. The Hawaii Community Foundation, through the Maui Strong Fund, collaborates closely with state and county leaders, nonprofit organizations, businesses, and philanthropists to ensure immediate and effective response to emerging needs.

 Our Commitment

 Given my deep-rooted connection and the ties of our attorneys to Hawaii, we felt the call to action. As the founder of Lether Law Group, I pledge to match every donation you generously offer, dollar for dollar, up to $5,000. This initiative ensures that your support has double the impact, fortifying our collective efforts for the Maui Strong Fund. Based upon my national and international business relationships within the insurance industry, we are confident that we can obtain significant contributions.

 Beyond our donation initiative, myself, our Hawaii licensed Attorneys, and our Lahaina office are providing Pro Bono (free advice) to residents seeking assistance from FEMA, government agencies, and property and auto insurers. During my 35 years of practicing law, I have handled several significant wildfire claims and hundreds of other fire losses. I am approved as a FEMA Regional Counsel and regularly represent national and international insurers in natural disaster claims. 

Lether Law Group combines the financial commitment of Lether Law Group with our extensive expertise in disaster claims and legal counsel. This makes us able to provide comprehensive support. Through both direct monetary aid and Pro Bono services, our collective endeavors ensure that those affected in Maui receive timely, effective, and compassionate relief in their moment of need.

Your Role 

Each donation, no matter its size, can pave the way for monumental change. By contributing, you'll be directly aiding disaster relief, supporting families as they rebuild, and playing a part in restoring the captivating allure of Maui and its surrounding islands.

I urge you to share this fundraiser with your acquaintances and loved ones, for in unity lies our strength. Together, we can reinforce the unyielding spirit of Maui and contribute to its rejuvenation.

Every penny raised will be wholeheartedly donated to the Hawaii Community Foundation's 'Maui Strong Fund’. 

With utmost gratitude and on behalf of everyone at Lether Law Group, I thank you for your magnanimity, compassion, and shared devotion to Hawaii's splendor.

Mahalo nui loa (Thank you very much), 

 For further information about the endeavors of the Hawaii Community Foundation's "Maui Strong Fund," please visit their official website:

https://www.hawaiicommunityfoundation.org/maui-strong

Thoughts and Prayers to our Maui and Big Island Ohana

by | Aug 10, 2023 | News & Updates

The Lether Law Group ohana sends our thoughts and prayers to our family, friends, clients, and all those affected by the fires on Maui and the Big Island of Hawaiʻi. Witnessing the devastation and seeing those who have been affected is truly heartbreaking. Hawaiʻi is home for many of us and will always hold a special place in our hearts. We send our aloha to the people of Hawaiʻi. Ua Mau ke Ea o ka ʻĀina I ka Pono – The life of the land is perpetuated in righteousness.

For those who are willing and able to support our Hawaiʻi ohana, please see the resources linked below on how to help. Mahalo nui loa for your support.

Construction Defects In Tropical Environments

by | Jul 16, 2023 | Construction Law, Events, News & Updates

Building failures can result from a number of causes. A failure can be explained as much by weather as bad construction. For example, ice dams resulting in water and roof damage are common in colder regions. As a result, it is essential to be aware of the interaction between construction deficiencies and the environment in order to address weather-related failures.

The takeaway in many instances is that certain types of construction do not work in certain weather conditions. This is readily apparent in the tropics. For example, wood frame structures are subject to failure in regions of high heat, rain, and humidity. Steel or concrete construction is preferable.

Another example is the improper use of stucco in a tropical green environment. Exposure to marine air, salts and elevated temperatures can cause effervescence in stucco and concrete requiring the replacement of the entire building envelope.

Stucco corrosion of property in Hawaii due to exposure to marine and high temperatures

Another everyday exposure in tropical climates is marine oxidation of exterior metal. Systems such as window frames, window door frames, and metal hardware exposed to salt, marine air and high heat routinely corrode. Finally, temperature inversion, the relationship between hot outside air and interior air cooled by air conditioning and HVAC systems can lead to numerous defects.

For all these reasons, it is essential to consider what building materials and types of construction should be used in tropical conditions.

Lether Law Group's Hawaii Office Is currently involved in several construction defect matters in Hawaii. We are proud to have several attorneys born or raised in Hawaii and licensed to practice there.

Lether Law Group has the advantage of over 35 years of construction insurance coverage and litigation experience, coupled with local know-how and an affinity for Hawaii.

If you are involved in any construction claims in Hawaii or other tropical zones, feel free to contact us with any questions.

Oregon to Permit Substantial Extra-Contractual Claims for Insureds

by | Jun 23, 2023 | Decisions, Insurance Law, Misc., News & Updates

CAs of January 1, 2024, Oregon insurance law will experience a paradigm shift—for the first time, Oregon will allow insureds to present a meaningful and substantial extra-contractual claim for damages.

After the resolution of a legislative impasse that threatened to derail the entire legislative session, the Oregon State Senate returned to business this week and advanced a series of bills to the governor’s desk. Included amongst them was House Bill 3242, which amends Oregon’s Unfair Claims Settlement Practices Act (ORS 746.230) to allow a private right of action for insureds to recover actual damages, treble damages, attorney fees, and litigation costs for an insurer’s unreasonable conduct in violation of the act.

Oregon Governor Tina Kotek is expected to sign the bill in the coming weeks.

Once signed and in effect, an insured may bring a cause of action under ORS 746.230 for violation of the statute, which identifies familiar unfair claim settlement practices such as the following:

 

(a)        Misrepresenting facts or policy provisions in settling claims;

. . .

(d)        Refusing to pay claims without conducting a reasonable investigation based on all available information;

. . .

(g)        Compelling claimants to initiate litigation to recover amounts due by offering substantially less than  amounts ultimately recovered in actions brought by such claimants;

. . .

The statute does contain two important exceptions. The statute does not allow a suit to be brought on medical malpractice claims. The statute also specifically excludes claims against attorneys, “in the attorney’s personal capacity,” for any acts taken on behalf of an insurer.

The statute also contains a 45-day notice requirement with an opportunity to cure on the part of the insurer.

Regarding treble damages, the statute is explicit in stating that the decision whether to award treble damages rests with the “court”. This would appear to signal that, as a practical matter, trebling would be subject to post-trial motions practice. However, it should be noted that in other jurisdictions, the Federal Courts have held that trebling must be decided by a jury as a matter of United States Constitutional Law. This is an issue certain to be litigated as policyholders and insurers begin confronting the practical impacts of the new statute.

Finally, the statute will carry a two-year statute of limitations. The statute is triggered not on the date of the loss, but on the date of the alleged violation of the statute.

House Bill 3243, which would have amended Oregon’s Unlawful Trade Practices Act (UTPA) to create yet another private cause of action for insureds, died in committee.

Lether Law Group has attorneys licensed and actively practicing in the State of Oregon.  To the extent that you have any questions about Oregon law, please feel free to contact Tom Lether or Eric Neal at (855) 467-5444 .