Miss. Wind vs. Flood Lawsuit Remanded Back to State Court

March 13, 2006

  • March 15, 2006 at 12:24 pm
    paul doherty says:
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    thank you, Hal, for your comment ‘we’re in trouble’. I read that years ago but could never locate it again. It should be required reading. We are almost through apathy and into dependency, and sliding quickly back to bondage. I intend to reprint this, give it to my children, grandchildren and I might even stand on a street corner and give out copies to perfect strangers. Our society is in trouble and, as 911 showed, the mongols are at the gate.

  • March 15, 2006 at 12:29 pm
    Hal says:
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    There was a reason we were set up as a representative republic and not a democracy. With polls we\’ve become an
    ad-hoc democracy. The result is the same.

  • March 15, 2006 at 1:48 am
    only one way to detemine says:
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    Regardless of what any of us think about this whole thing, the wording on the homeowner\’s policies is misleading and unclear. The only way to clear things up is to have the courts determine what the wording means and what is legally covered. One side sees wind damage as covered. Some in the insurance industry say wind damage is not covered, as long as it was followed by water. The Mississippi Insurance Commission says wind damage should be covered. No matter if I agree or not, until the courts clarify what is covered and what is not covered, we will get nowhere!This is no longer a wind VS. water debate. This has become a debate of whether wind damage should legally be paid. Policy wording is different for different policies, even within the same insurance company. Agents are not authorites on what is covered on your policies, else they would not have assured us when we bought our policies, that we would be ok if a hurricane hit us. Adjusters are not authorities on your policies either. If the Insurance Executives have definitely told the Insurance Commissioner\’s office that they would pay for wind damage (which they did), obviously they believe it should be paid, too. The billion dollar question is this…IF EVERYONE BELIEVES THAT WIND DAMAGE SHOULD BE COVERED IF PROVEN, AND IT IS PROVEN OVER AND OVER AGAIN, THEN WHY ARE THE FOLKS WITH WIND DAMAGE NOT GETTING PAID?

  • March 15, 2006 at 2:06 am
    Mark says:
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    It states very clearly in about 17 point font on the first page of the TWIA policy that surge of no kind is covered what so ever. TWIA is good about paying when they know they need to. The policies are also very easy for agent\’s to write.

    I\’m going to small claims court against State Farm tomorrow. I was waiting in line at a What-a-Burger a year ago and their insured thought they needed to try and squeeze in front of me. Needless to say, there wasn\’t enough room and the front of my truck was scratched from side to side. SF contends that I \”failed to yield the right of way\”, although I wasn\’t moving, so that\’s impossible.

    They are doing a worse and worse job investigating and simply drawing the conclusion that benefits them the most. That\’s apparent with these hurricane claims. From what I\’ve heard, for once Allstate is doing a lot better job.

  • March 15, 2006 at 2:49 am
    W.A. says:
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    don\’t know. we be dumb.

  • March 15, 2006 at 4:06 am
    DoLittle says:
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    Anyone who has wind damage and can prove that the damage is from wind and has a proper denial letter from their insurance company needs to go to state sponsored mediation.

    In addition there may be a provision for appraisal in the policy. The appraisal process only determines values and not coverage.

    Should you decide to utilize either of these processes or both processes keep in mind that senseless ranting and raving and claiming to have coverage not provided by your policy will be to no avail.

    However, a carefully reasoned approach will produce results and fodder for that bad faith suit you may file down the road.

  • March 15, 2006 at 4:19 am
    Future Reading Service says:
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    I just got a vision. Oh, it is the future.
    No surviving local agents on the coast.
    Mail order and internet sales fill the void.
    A decade or so passes before the next devastating storm.
    When the whining begins the companies produce applications from the homeowners. Each has an explanation of flood and the exclusion in the policy. Each has a \”no\” box marked beside the question \”Do you want to include federal flood insurance?\”
    No one to blame this time.
    – crying with no one to hear it commences.

  • March 15, 2006 at 4:45 am
    missing the point.. says:
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    I keep hearing that we are \”whining\”…but to repeat what has been said several times,
    1. WE HAD FLOOD INSURANCE. Flood insurance only pays up to $250,000 on structure.
    2. WE ALSO HAD HOMEOWNERS, WHICH WAS TO PAY FOR THE WIND.
    Thousand of people had homes that $250,000 is not enough to cover the cost to rebuild. Our agents sold us policies that, we were told, would cover us for wind damage.
    State Farm execs said that we should get paid. George Dale said that we should get paid. BUT, we are NOT getting paid!!!!!!
    I do not consider myself a whiner, nor do Thousands of people have suffered disasterous wind damage, ..they have also paid for flood coverage. We are not asking for FLOOD MONEY. Repeat…WE ARE NOT ASKING FOR FLOOD MONEY!!! We want the courts to clarify the coverage in the policies. Then, we can go to mediation and show our proof of wind loss. If the courts have decided that wind damage should legally be paid, then we will be paid. THAT IS ALL WE ARE ASKING….Heaven forbid that disaster ever strikes the ones who are calling names and trying to insult those of us who are wanting only what is fair….for they will certainly choke on their words.

  • March 15, 2006 at 5:22 am
    Fortune thingee says:
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    OH NO. Misunderstanding !!
    I\’m not talking about you. You are being treated like a ……… and there is no excuse for it that I understand.

  • March 15, 2006 at 6:35 am
    DoLittle says:
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    1. The answer to the $250,000 flood limit is additional insurance. It is available in the excess market.

    Surely people who own homes with replacement cost in excess of $250,000 are intellegent enough to know when their homes are under insured.

    2. Once the home is damaged differentiating between flood damage and wind damage is extremely difficult.



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