Federal Judge in Mississippi ‘Storm Surge’ Case Upholds Home Insurance Flood Exclusion

April 13, 2006

  • April 17, 2006 at 9:15 am
    Charles says:
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    As an insured of StateFarm, and a Katrina claiment, I wonder which of you \’POSTING\’ can be unemotional if you lose everything and 2 friends – 1 during the \”stormM and 1 later trying to save some of what was left. I had NOTHING left. Now the fault of my carrier is that it seems obvious that the claim folks should be faulted strongly for coming to conclusions based on little knowledge, experience or integrity… and that they [adjusters up to and including management and a \”contracted\” \”consultant\” or 2 not doing a complete examination of the facts—for instance, disregarding ALL wind damage!!!! 1- the 1st adjuster was a Texan who had never adjusted such cat claims, and did not call or write back after promising to call as soon as on the site of the total destroyed home[s], but someone eventually called a few months after the loss to tell me there is no claim because we \”belive if \’IT \’ got wet, it is ALL FLOOD. As a former insurance person, about 40 years in agency, company administration , training [many claims people, too] and with the Risk Manager designation am not only emotional but ashamed of not only what I have personally experienced but the many horrifying tales my neighbors have told me re State Farm and most of the cos. you poster have mentioned–of delays, of ridulously inadequate settlement offers. When the only agency in town represents only one company…..but you all afe likely familiar with that old non-captive saying. I am past my CSO table time of expiration but am gonnakeeponkeepinon kicking at poor,inadequte and disreputable claims handling–as I have done for several decades…all successful to date. None of you have said anything about being in a situation of total devistation that you are unable to imagine–it MUST be seen in person. I have been in many hurricanes–Katrina was a beastly cruel destroyer–I\’ve been an agent, salesman, marketing rep etc. and an insured–and licensed all lines in about a dozen states–nothing can prepare you for going through a few blocks of ANY south Miss. towns and cities. Any thing you folks can manage in improving the entire claims operations of insurance companies, I implore you do it. It is soirely needed–regardless of the companies backing off further and further from being what we pay them to be!!

  • April 17, 2006 at 9:22 am
    Mark says:
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    Good that Gary Briggs has retired from Allstate. They\’ve moved the guy that was president of Allstate New Jersey to Texas.

    State Farm doesn\’t pay claims anymore, they let the courts adjust for them today.

  • April 17, 2006 at 9:50 am
    jay says:
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    Resorting to ad hominem is a sure sign the IQ level of the conversation is dropping sharply.

    Keep on topic, define your debate hotpoints and try to be professional.

    There is no conspiracy to defraud insureds on the part of highly scrutinized and regulated insurance companies.

    Quite the opposite, it\’s these same companies that are regulary defrauded by thier customers and the contractors.

    I can hardly blame them for trying to protect themselves from unscrupulous claim filers.

    Mr. Poe, you have alienated yourself from serious discourse on this any other topic by calling industry professionals (some of whom may very well be adjusting for work you are doing) \”vermin\”. And you cannot slam online discreteness when you yourself failed to disclose your clearly biased position in the issue.

    Well done, and oh so professional.

  • April 17, 2006 at 10:20 am
    Roger Poe says:
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    4-17-2006

    Hal & Mark H,

    Please understand that catastrophes often drastically change the availability, AND COSTS of common materials / equipment, available qualified labor, food / housing costs, building codes / qualified inspector-inspection processes, project funding flow, project holding costs, office / field overhead, insurances, etc.

    Throw in time (equals money) spent reasoning with certain construction loss value \”adjusting\” personality types that believe and preach that real world reconstruction market costs are artifically (unfairly) inflated.

    Premium rates go up as risk go up.

    So do local construction investment risk costs.

    Before the idea gets locked into your mind for years to come, by certain catastrophe claim managers propaganda, (that all contractors \’rip insurers / consumers off\’ in post cat-markets), try running a reconstruction business in one.

    Then come back and comment.

    Until then, try to at least remember the above as you highlight and copy line items into your reconstruction \”estimate\”.

    By the way, the worst so – called \”adjuster\”, and \”contractor\”, is one who thinks that they are the final word on actual fair market costs…when in all actuality, chaotic market conditions, and ALL that that means, is the \”fair and reasonable\” final word.

    Producing a post-cat, or daily, reconstruction estimate that accounts for ALL damage, SAFE & SOUND reconstruction procedures, and business sustainable pricing, is something that can look artificial, to one\’s who are inexperienced, and/or arrogant.

    \”Adjust\” your post-cat attitude accordingly…

    rogerpoegc@yahoo.com

  • April 17, 2006 at 10:41 am
    Hal says:
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    Oh brother.
    Now we get into insurance-to-value issues. The very hardest thing to do is \”over-insure\” a house so additional costs are covered. The companies go nuts on it and the prospective buyers accuse the agent of trying to rip them off by over-selling them.
    Poe – Start a company do it \”right\” and if you can remain solvent for 5 years and get a decent financial rating you\’ll get a large percentage of market share.
    In other words, put some money where your *****in\’ is.

  • April 17, 2006 at 11:07 am
    Roger Poe says:
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    4-17-2006

    Jay,

    You stated;

    \”Mr. Poe, you have alienated yourself from serious discourse on this any other topic by calling industry professionals (some of whom may very well be adjusting for work you are doing) \”vermin\”. And you cannot slam online discreteness when you yourself failed to disclose your clearly biased position in the issue.\”
    __________

    For clarity sake–

    Vermin – \’an irritating or obnoxious person\’ (Google: define vermin).

    Scandalous (post 2005 hail storm / post hurricane Rita) issues I, and others, personally witness consumers and neighbors going through with Allstate Insurance, (Pilot Claim Service), State Farm Insurance, USAA, Farmers, the TWIA and etc. insurers, is real.

    In-the-trenches field claim loss estimation data proves what policy holders are going through.

    Seasoned \”Industry\” insiders also know what has been, and still is, going on with trusting consumers.

    Consider the following Allstate Insurance (industry insider) testimony found online, at a catatastrophe adjusters web-site;
    __________
    Brooks Todd Posted – 12/18/2003 : 19:10:52
    ——————————————

    I just recieved my adjusters liscence, from The Great State of Texas. I have 22 years in construction (framing, roofing, sales & concrete). I am an excellent estimator, and can build anything from a dawg house to a church.

    I am having a hard time finding a job in the adjusting field. I know what my angle is now. Imagine having an adjusters liscence, and being a contractor. I am calling Allstate tommorow. You have to change with the times.

    Brooks

    khromas Posted – 12/18/2003 : 23:06:22
    —————————————–

    Brooks,

    I would not advise calling Allstate if you wish to keep your integrity intact.

    After almost 7 years with them and having held a variety of positions, including the sole Quality Evaluator for the entire southern half of Texas, I finally became fed up with their approach to requiring every adjuster to KNOWINGLY underpay every claim and left them this past July.

    The head of Allstate in Texas – Gary Briggs – had the nerve to stand up in front of an agent\’s meeting last spring and say (QUOTE) \”I love the new HOA+ policy! It doesn\’t cover anything and WE STILL GET TO KEEP THEIR MONEY!\”

    I used to tell people whose claim I was handling that \”the good hands of Allstate were right here\” as I held my hands out for them. I could no longer do that in good faith and look myself in the mirror so I left.

    One of these days the Texas DOI is going to catch up with their property handling practices and then it will all hit the fan!

    Good luck with anyone else!
    Kevin Hromas Country: USA | Posts: 75

    http://72.14.203.104/search?q=cache:LH8RbB9s00UJ:www.catadjuster.org/forum/m_899/mpage_10/key_/tm.htm++gary+briggs+allstate+intentionally+underpay+claim&hl=en&gl=us&ct=clnk&cd=2
    __________

    You\’re right Jay.

    Vermin may not have been an appropriate term.

    \”Predatory vermin\” is more appropriate.

    rogerpoegc@yahoo.com

    P.S. As I\’ve stated many times before, honorable insureres and adjusters exist.

    Too, my \”position\” is not biased.

    Unfair and deceptive insurers claim settlement protocols are though…

  • April 17, 2006 at 3:58 am
    Southern Agent says:
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    I always try to sell my clients Flood Insurance.
    I always try and insure to value.
    It\’s amazing how tight homeowners are BEFORE an event.
    Finally, I hope your personal life improves, Roger and I hope I or my insureds never have to deal with you.

  • April 18, 2006 at 4:13 am
    Gloria says:
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    My neighbor has Allstate Homeowners Insurance and he was recently notified that Allstate Homeowners is pulling out of Florida. He was provided with a referral to another company. This other company of course has alot higher rates.

  • April 17, 2006 at 5:43 am
    Roger Poe says:
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    4-17-2006

    Southern Agent,

    If your claimant clients are going through what Allstate, State Farm, Safeco, USAA and the TWIA are doing to their clients in Texas, you may want to have some credible contractors at your side to help those same clients.

    Those contractors, using the same construction estimating programs, and construction data, that insurers use, can easily prove if insurers and their adjusting associates are honorable, or not.

    Trying to discredit ones who are aware of deceptive carrier conduct, won\’t hold up under public scrutiny.

    Knowledgeable and honest public scrutiny that is…

    rogerpoegc@yahoo.com

  • April 18, 2006 at 11:23 am
    Charles says:
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    Gloria, this is NOT the first time Allstate is leaving a state….they pulled out of FLA decades ago…I lived there about 40 or so years ago–I think they even left a beautiful office in St Petersburg—for a while. Many companies pulled out of Corpus Christi, Texas after a hurricane– for a while. What a subject for Business School distertations ! I was in Corpus Christi to get business as so many \”BIG\” companies were non-renewing. One of the \”BIG\” companies started \”picking the cream\” and until the next \”pull out\” will have made piles of profit!!! What the captives will do if their loses are too high?? Put their agents out of business? What has occured in the past? They will almost ALLWAYS RE-underwrite–another of my pet peeves, inadequate underwriting. But I am an old grump—seen an excess of foolish underwriting. Just \”bah-humbug\”!



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