1. You don\’t \”BUY\” the Hurricane Ded. End. You HAVE to have it, and if is high, your premium is reduced.
2. Just because the word \”hurricane\” is printed somewhere in your policy doesn\’t mean you can take it out of context and create coverage.
3. The deductible is for \”COVERED perils caused by a hurricane\” Storm surge/flood is NOT a covered peril caused by a hurricane, therefore, it has nothing to do with the hurricane dedictuble.
Now, your covered wind damages not getting paid is an entirely different issue all together. Go to court over it. You\’ll win that one. State Farm doesn\’t pay anymore. I just won a court case against them today, without an attorney. I\’m a college a student against a State Farm attorney and I won. Tell me they just deny to try and hope no action will be taken beyond the denial. It\’s rediculous.
The vast majority of homeowners policies provide all risk except as excluded coverage. There are no \”perils\” as such in most homeowners policies.
Flood damage is excluded, wind damage is not excluded, therefore wind damage is covered.
There are various deductibles that apply at various times. One is a \”hurricane\” deductible. A \”hurricane\” deductible applies to defined losses by the homeowners policy at defined times. i.e. during a hurricane.
However, The endorsement that creates and defines a \”hurricane\” deductible does not create or define coverage.
Keep in mind that the coverage provided by most homeowners policies is all risk except as excluded.
\”Flood\” is excluded from most homeowners policies but \”flood\” is covered by the NFIP (National Flood Insurance Policy).
The max amount of coverage is $250,000.00. Additional amounts of coverage (excess coverage) can be purchased from the London (non-admitted) surplus lines market.
Anyone who has a home where the replacement cost is more than $250,000.00 and is near the gulf, or any other flood scource, needs to have more than $250,000.00 in \”flood\” coverage, i.e. a max NFIP policy and an excess \”flood\” policy.
As State Farm and most other companies represented by agents are \”admitted\” companies, the policies they write and we buy, I am insured with State Farm, are submitted to the state insurance department and approved by the state.
The language in the policies written by \”admitted\” companies has been tested by fire many, many times, and there are court cases that set precedent.
The politicians in Mississippi would have to be monumental dummies to not know this.
It is highly improbable that the courts, state or federal, will find that homeowners policies cover \”flood\”.
The courts will certainly find that homeowners policies cover \”wind\”. But then anyone one familiar with homeowners policies already knows that.
The courts will certainly find that the NFIP covers \”flood\”. But then anyone one familiar with homeowners policies already knows that.
I copied the entire Hurricane Deductible Endorsement word for word. How can there be a hurricane deductible percentage, or what purpose is it, or why did SF sell it to us, IF they conveniently DO NOT pay for HURRICANE DAMAGE??? What do they think a hurricane is if it is not wind, water, or wind and water?
I realize that you are probably an insurance person, so you see it one way and we see it another. But, it may be of interest to you that just this morning I received info from the Mississippi Insurance Commission assuring me that STATE FARM has agreed to pay for any wind damage that the policyholders can prove. They realize that the policys do, in fact, cover wind damage, and that they cannot snake their way out of paying for wind damage, because it IS a covered peril. If you are a State Farm representative, you might want to look into this.
The price of a home has nothing to do with intelligence. The many, many people across the entire south who had flood insurance, also had homeowners insurance, which we were led to believe would pay for the wind damage. No one thought they were underinsured, because we trusted our agents who supposedly sold us what we needed to be fully insured. We had no idea that some of the insurance companies out there would try to get out of paying for the wind damage, which IS a covered peril. We even bought the Hurricane Deductible Endorsement, to fully insure us that we were going to be paid for Hurricane damage. Our agent called it Hurricane Insurance. It is amazing how something is one thing when it is being sold to you, and a totally different thing when you need to use it.
In Texas, the burden of proof is always on the insurance company, not the policy holder. Therefore, the insurance company must prove the wind did not cause any damage. For those house that were completed washed away, I would imagine it would be very hard to proove that the house did not suffer any wind damage prior to the storm surge. You might want to check with the Miss. Dept. of Ins. on who owns the burden of proof. You might also check to see if your policy covers legal fees for cases brought on the covered property. If so, the insurance company must bear the burden of the legal costs for your lawsuit. Just because you\’re suing the insurance company does not relieve them of responsiblity for legal costs. Legal precidents exists for this very scenario.
The problem is that insurance companies have been to this dance over and over again. While most insureds have never been to this dance.
No matter who has the burden of proof the insured has to have a basis for any claim.
Also, Mississippi ain\’t Texas, a Mississippi contract and a Texas contract are two different things and the legal climate is different.
The point of this article is that this case has been remanded to state court.
No doubt that a Mississippi homeowners policy covers \”wind\” damage and a deductible applies. The deductible may be a hurricane deductible.
No doubt that a Mississippi homeowners policy does not cover \”Flood.\”
No doubt that a NFIP covers \”Flood.\”
No doubt that a NFIP does not cover \”wind.\”
There is absolutely no chance that either contract will be construed differently.
If you have \”wind\” damage document it and ask for \”appraisal\”, ask for \”mediation\” and that does not work, hire an attorney and let a law firm handle your claim.
Oh, go to an agent and buy an adequate amount of insurance, \”flood\” and \”wind.\”
If you don\’t have an adequate coverage amount anything else is a moot point.
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It\’s very simple.
1. You don\’t \”BUY\” the Hurricane Ded. End. You HAVE to have it, and if is high, your premium is reduced.
2. Just because the word \”hurricane\” is printed somewhere in your policy doesn\’t mean you can take it out of context and create coverage.
3. The deductible is for \”COVERED perils caused by a hurricane\” Storm surge/flood is NOT a covered peril caused by a hurricane, therefore, it has nothing to do with the hurricane dedictuble.
Now, your covered wind damages not getting paid is an entirely different issue all together. Go to court over it. You\’ll win that one. State Farm doesn\’t pay anymore. I just won a court case against them today, without an attorney. I\’m a college a student against a State Farm attorney and I won. Tell me they just deny to try and hope no action will be taken beyond the denial. It\’s rediculous.
The vast majority of homeowners policies provide all risk except as excluded coverage. There are no \”perils\” as such in most homeowners policies.
Flood damage is excluded, wind damage is not excluded, therefore wind damage is covered.
There are various deductibles that apply at various times. One is a \”hurricane\” deductible. A \”hurricane\” deductible applies to defined losses by the homeowners policy at defined times. i.e. during a hurricane.
However, The endorsement that creates and defines a \”hurricane\” deductible does not create or define coverage.
Keep in mind that the coverage provided by most homeowners policies is all risk except as excluded.
\”Flood\” is excluded from most homeowners policies but \”flood\” is covered by the NFIP (National Flood Insurance Policy).
The max amount of coverage is $250,000.00. Additional amounts of coverage (excess coverage) can be purchased from the London (non-admitted) surplus lines market.
Anyone who has a home where the replacement cost is more than $250,000.00 and is near the gulf, or any other flood scource, needs to have more than $250,000.00 in \”flood\” coverage, i.e. a max NFIP policy and an excess \”flood\” policy.
As State Farm and most other companies represented by agents are \”admitted\” companies, the policies they write and we buy, I am insured with State Farm, are submitted to the state insurance department and approved by the state.
The language in the policies written by \”admitted\” companies has been tested by fire many, many times, and there are court cases that set precedent.
The politicians in Mississippi would have to be monumental dummies to not know this.
It is highly improbable that the courts, state or federal, will find that homeowners policies cover \”flood\”.
The courts will certainly find that homeowners policies cover \”wind\”. But then anyone one familiar with homeowners policies already knows that.
The courts will certainly find that the NFIP covers \”flood\”. But then anyone one familiar with homeowners policies already knows that.
I copied the entire Hurricane Deductible Endorsement word for word. How can there be a hurricane deductible percentage, or what purpose is it, or why did SF sell it to us, IF they conveniently DO NOT pay for HURRICANE DAMAGE??? What do they think a hurricane is if it is not wind, water, or wind and water?
I realize that you are probably an insurance person, so you see it one way and we see it another. But, it may be of interest to you that just this morning I received info from the Mississippi Insurance Commission assuring me that STATE FARM has agreed to pay for any wind damage that the policyholders can prove. They realize that the policys do, in fact, cover wind damage, and that they cannot snake their way out of paying for wind damage, because it IS a covered peril. If you are a State Farm representative, you might want to look into this.
The price of a home has nothing to do with intelligence. The many, many people across the entire south who had flood insurance, also had homeowners insurance, which we were led to believe would pay for the wind damage. No one thought they were underinsured, because we trusted our agents who supposedly sold us what we needed to be fully insured. We had no idea that some of the insurance companies out there would try to get out of paying for the wind damage, which IS a covered peril. We even bought the Hurricane Deductible Endorsement, to fully insure us that we were going to be paid for Hurricane damage. Our agent called it Hurricane Insurance. It is amazing how something is one thing when it is being sold to you, and a totally different thing when you need to use it.
What state is this discussion about?
it started out as a Mississippi state discussion in regards to the article.
ok, the courts will define what the endorsement means, and what the policy says . good luck to you all.
Diane\’s advice might be good for Texas, but for Mississippi advising anyone to hire an attorney immediately is not sound economically.
1. Assemble any proof that the wind damaged the risk and the amount of damage done.
As I state \”wind\” is not excluded under an all risk except as excluded homeowners policy, so you have coverage for \”wind.\”
2. Discuss your claim with your insurance company.
3. File an Insurance commissioner\’s complaint. A complaint that makes sense.
4. Participate in state sponsored mediation. Use the cause of loss and damage information you assembled.
5. Request an appraisal if the policy has an appraisal clause.
Use the cause of loss and damage information you assembled.
6. As a last resort hire an attorney and share any settlement money. I garuntee that the attorney will end up with more than the insured.
The court will order mediation.
In this situation the time frame will be longer than anyone ever imagined.
In Texas, the burden of proof is always on the insurance company, not the policy holder. Therefore, the insurance company must prove the wind did not cause any damage. For those house that were completed washed away, I would imagine it would be very hard to proove that the house did not suffer any wind damage prior to the storm surge. You might want to check with the Miss. Dept. of Ins. on who owns the burden of proof. You might also check to see if your policy covers legal fees for cases brought on the covered property. If so, the insurance company must bear the burden of the legal costs for your lawsuit. Just because you\’re suing the insurance company does not relieve them of responsiblity for legal costs. Legal precidents exists for this very scenario.
The problem is that insurance companies have been to this dance over and over again. While most insureds have never been to this dance.
No matter who has the burden of proof the insured has to have a basis for any claim.
Also, Mississippi ain\’t Texas, a Mississippi contract and a Texas contract are two different things and the legal climate is different.
The point of this article is that this case has been remanded to state court.
No doubt that a Mississippi homeowners policy covers \”wind\” damage and a deductible applies. The deductible may be a hurricane deductible.
No doubt that a Mississippi homeowners policy does not cover \”Flood.\”
No doubt that a NFIP covers \”Flood.\”
No doubt that a NFIP does not cover \”wind.\”
There is absolutely no chance that either contract will be construed differently.
If you have \”wind\” damage document it and ask for \”appraisal\”, ask for \”mediation\” and that does not work, hire an attorney and let a law firm handle your claim.
Oh, go to an agent and buy an adequate amount of insurance, \”flood\” and \”wind.\”
If you don\’t have an adequate coverage amount anything else is a moot point.