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

April 13, 2006

  • April 18, 2006 at 1:30 am
    Mark says:
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    Allstate isn\’t leaving Florida. They\’re trimming their market share. Most of the non-renewals are monoline home policies, and Allstate agents have plenty of other companies they can write through. Allstate rates in Florida are good, so the choice was either increase rates for everyone, or get rid of a lot of people who only have their home insured. Anyway, Corpus is a sitting duck, but a lot of the property is underwritten by the TWIA, so no worries for private insurance companies.

  • April 19, 2006 at 4:12 am
    Mrs. LB says:
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    Thank you both for posting your opinions,too. I feel like at least 2 people have my back, and I have yours!
    Please keep it up. Thanks, too, to the person who told the insider portion of the truth. God bless you, honey!
    So what if we tick off these glorified snake oil sellers?
    As for the judge who made this ruling, is he by any chance related to our wonderful MDOT & Insurance Commissioners? Idiocy seems to run amuck in that bunch! And I am betting neither he nor any of his family was affected by this storm is a big way!
    BTW pre-storm cost to replace our roof: $6,300 (remember, we had an appraisal in 7/05 AND replacement value insurance in effect). Post storm estimate $8,500. Bad hands paid-$3,700 and said if you don\’t like it, get some estimates. Got 5, submitted all even though I know I didn\’t need to, was told be happy with what you got!
    Well, what I got is a blue FEMA tarp still shining brightly in the moonlight and a pile of shingles in the yard ready for a roofer willing to make 50 cents putting the new roof on.
    Keep those comments coming.

  • April 18, 2006 at 5:26 am
    Katrina Survivor says:
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    HURRICANES PRODUCE WIND AND WATER DAMAGE.
    THE HOMEOWNERS INS SHOULD NOT HAVE TO PAY FOR WATER DAMAGE BUT THEY ARE TRYING TO GET OUT OF PAYING FOR WIND DAMAGE.
    ADD YOUR ANNUAL PREMIUM.
    ADD YOUR POLICY DEDUCTIBLE.
    ADD YOUR ADDITIONAL HURRICANE DEDUCTIBLE
    (15% OF THE VALUE OF YOUR POLICY)
    ADD THE FACT THAT THE INS. WILL ONLY PAY ABOVE THE WATER LINE.
    IF YOU ARE LUCKY THEY WILL PAY FOR A NEW ROOF MINUS ALL OF YOUR DEDUCTIBLES AND MINUS DEPRECIATION.
    THE HOMEOWNER STILL LOOSES AND THE INSURANCE COMPANIES STILL GO TO THE BANK.
    FLOOD IS FLOOD BUT THE INSURANCE COMPANIES MUST PAY FOR WIND DAMAGES.
    IF NOT, ALLOW FEMA TO SELL HURRICANE INSURANCE INCLUDING BOTH FLOOD/WIND DAMAGE.
    THIS WOULD RESOLVE WIND VS WATER FOREVER.
    P.S. WHEN I SEE/HEAR ALLSTATE OR STATE FARM COMMERCIALS, I GET SICK TO MY STOMACH. HOW DARE THEY PRETEND TO BE GOOD NEIGHBORS. WE TRUSTED THEM AND WE PAID THEM MUCH MORE THAN FLOOD INSURANCE COST TO FINANCIALLY PROTECT OUR HOMES. THEY REFUSE TO ACKNOWLEDGE WIND DAMAGE.
    AMERICA MUST STAND UP AND BECOME UNITED OR WE\’RE GOING TO BE THE SLAVES IN OUR OWN COUNTIES. EVERYONE KEEPS MAKING THE RULES FOR US AND CHANGING THEM TOO. WE ARE THE INFRASTRUCTURE OF THIS COUNTRY. THE LAW ABIDING CITIZENS, THE HOMEOWNERS AND YET WE HAVE NO RIGHTS.
    YOU ARE EITHER HONEST OR DISHONEST AND YOU HAVE A CHOICE.

  • April 18, 2006 at 6:40 am
    Ed Yukashun says:
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    Oh good grief. Who woke that up?
    Sue the school district. You have to be able to read to read your insurance policy.

  • April 19, 2006 at 8:46 am
    Mark H says:
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    To all of you who \”feel\” the rule of contract law should always bend in the favor of those in need…

    GET OVER IT!!!

    Contracts are based on the facts contained within and not on how either party \”feels\” when performance of the contract provisions is executed.

    The mortgage on your home is a contract between you and the lender. The bank gave you money to purchase your home under a contract that you would pay them back on a schedule. Have any of you ever paid additional interest (not principle) to your lender just because you felt like it? No. Your contract states what you owe, and you stick to the schedule. That\’s what reputable insurance companies strive to do.

    Now why do you \”FEEL\” that the insurance companies should pay more than they owe on your contract. FLOOD damage isn\’t covered and if you didn\’t pay for it you don\’t get paid on it.

    And another thing, nobody PAID for a Hurricane Deductible Endorsement; you got a premium discount for having the Hurricane Deductible Endorsement! There is no coverage provided by Hurricane Deductible Endorsement, it simply means that for damage COVERED by the policy, which occurs from and during a declared hurricane, you pay a higher portion of you loss. This feature helps keep insurance available and affordable.

    If the Mississippi A.G. gets his way, insurance in Mississippi will not be affordable, and possibly not available from the private sector. Of course this bodes well for the socialists among us.

  • April 19, 2006 at 1:19 am
    Roger Poe says:
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    4-19-2006

    Hal,

    You stated;

    \”I quoted flood full replacement cost and contents coverage for his home. He understands the reasons for the changes.

    Coverage he wants is actual cash value on the house to meet his finance (re-finance) requirement and no contents coverage.

    How do I get him to do the coverage he really needs?

    SHOULD I :
    1. Beat him into submission with a stick?
    2. Tell his loan company to call in the loan?
    3. Call a federal marshall?
    4. Have him sign an acknowledgement that his choice of coverage won\’t buy him a new front door?
    5. Tell him he\’s foolish and not let him buy coverage from me?\”
    __________

    The question / issue:

    \’How do I get him to do the coverage he really needs?\’

    Answer: Maybe his personal finances are such that what you think he need\’s, and what he may know he needs, are at odds with each other.

    For your other questions:

    1. Beat him into submission with a stick?

    No. Even if you are properly insured.

    2. Tell his loan company to call in the loan?

    No. You might be giving them wrong info.

    3. Call a federal marshall?

    No. They don\’t provide that kind of service. Yet.

    4. Have him sign an acknowledgement that his choice of coverage won\’t buy him a new front door?

    No. No, wait…maybe yes.

    5. Tell him he\’s foolish and not let him buy coverage from me?\”

    No, and Yes.

    rogerpoegc@yahoo.com

  • April 19, 2006 at 1:31 am
    Roger Poe says:
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    Ed,

    Didn\’t you cast for playing a character in the Wizard of Oz–

    The one that needed a heart…

    Bullying a person for composition errors, instead of addressing the message that is weighing on them and others…how cheap.

    rogerpoegc@yahoo.com

  • April 19, 2006 at 2:17 am
    Roger Poe says:
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    4-19-2006

    Mark,

    You stated:

    \”Contracts are based on the facts contained within and not on how either party \”feels\” when performance of the contract provisions is executed.\”

    Huh?

    Aren\’t facts of a contract based on feelings of something fair happening?

    If one feels others are suspect of cheating them, then proves it contracturally, couldn\’t it be said that contracts are based on intelligent / rational \”feelings\” and expectations?

    Contracts-of-adhesion–have a weighted \”feel\”, come commitment time, leaning in the favor of the person who did not write the contract, but who also agreed to it.

    Aren\’t contract term facts, stated or implied, actually based on how all involved feel about said contract context?

    rogerpoegc@yahoo.com

  • April 21, 2006 at 7:02 am
    Tony says:
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    Charles, it sounds like your adjuster wasn\’t too on the ball. I do work for a major insurance company, live in Louisiana and have worked the last three years worth of hurricanes. If you have a water line in your home (which everyone does, it is just a matter of looking for it) then anything below that line is not going to be covered. Every adjuster I know works his/her tail off to make people happy. We do our best to be fair, equitable and honest with our customers. Let me tell you something, we have a great deal of empathy for those people who are un/underinsured. The problem lies, in that it is NOT our responsibility to make you whole after a loss if you didn\’t pay for the coverage you needed. I can\’t tell you how many $400,000 homes I saw w/ $100,000 worth of coverage and no contents coverage. Do I feel bad for them? Yep, you bet I do. Is there a dang thing I can do about it? Nope! People think we have a choice in the matter and we don\’t. It is pretty well spelled out in your policy (as the judge above ruled) what is covered and what isn\’t. Just because YOU choose poor coverage or coverage w/ a fly by night company (not necessarily you, but in general), that does not make it our problem. We aren\’t sitting there with you when you decide on a 10% hurricane deductible instead of paying extra premium for a $500.00 hurricane deductible. Even if we had been, be a big boy and live w/ your decision. People have no idea how hard we work to try and help people. All everyone wants to do is whine and blame their own poor decisions on the insurance company or FEMA. You right, you may be a victim……….of YOUR OWN decisions.

  • April 21, 2006 at 2:18 am
    Mark H says:
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    Roger,

    I can somewhat agree that the details included in standard contracts are based on what each party \”feels\” should be included. But once a contract is agreed upon and signed, the provisions are the facts that direct the performance of each party. This can not be changed later unless agreed upon by both parties. As a \”CONTRACTor\”, you should understand that basic principle.

    Let\’s say you and I sign a contract stating you will construct a sunroom on the rear of my house for $10,000.00. The contract contains all of the specs for construction and materials to be used, and that I will pay you in full upon satisfactory completion of the job.

    Now, as you near completion of my sunroom, I \”FEEL\” that you should also install a ten person hot tub. My neighbor has a hot tub in his sunroom and it just wouldn\’t be FAIR for me not to have one.

    No, I\’m not going to pay you anything more, I just \”FEEL\” that a sunroom should have a hot tub.

    How do you \”FEEL\” about installing the hot tub for free?

    I bet your construction contracts contain clauses pertaining to change orders.

    The insurance policy says we pay for wind, not flood (and storm surge is flood). If there is evidence of wind damage, we pay for the wind damage. If the flood washed away the entire house, then there is no evidence of wind damage; no coverage for flood damage. No covered loss.

    Some like to say the wind came in before the flood, and blew the house down, then the flood washed it all away. No coverage for the flood damage, and there\’s no evidence of the wind damage. Again, no coverage. That\’s why the policy includes a concurrent causation language.



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