If each and every agent selling a homeowners policy (including wind) required them to purchase a flood policy as well there would not be any question of wind vs water. Non high risk areas are eligible for Preferred policies and they are cheap!
Why buy flood insurance ?
When will all the folks trying to do the right thing by purchasing Flood Insurance get their rebate, evidently in this judges eyes they don\’t need flood insurance as long as they have a HO policy
The liberal view of the judicial system. To pay the claim is bad enough, but punitive damages, please. This is a small part of the larger problem in the entire judicial system. We just seem to get ticked the most.
Most exclusions sooner or later get over turned in a court case. Why not include flood coverage on all policies, wind driven or not, with a cap (say 50k), charge the premium for it and make use of the NFIP as an excess insurer. No exclusion, no argument. Just need to document that excess was offered and declined.
I sat thru the trial and I know the SF policy language. The water damage exclusion, including the anticoncurrent cause clause, applies only to such loss as would not have occurred in the absence of water. Since SF had the burden to prove how much loss was caused by water only UNDER THE POLICY IT WROTE the judge was 100% correct to say SF could not win because it\’s expert testified that it was scientifically impossible to determine how much damage was caused by wind but that SOME damage was probably caused by wind.
\”The facts matter\” brings home the point.
State Farm\’s own expert indicated that it was impossible to seperate wind from flood damage when the remains of a structure rests in a rubble pile.
Does State Farm disagree? What training instructions did they provide their claim adjusters to make this determination? What marketing information did their agents convey when selling the policies?
I reiterate that if State Farm\’s insatiable greed of maintaining market share compels them to continue writing
homeowners policies in hurricane prone areas, then hopefully, somewhere scattered among their executive towers in Bloomington, they can find an actuary who can crunch the numbers and prepare an adequate premium rate for honest, straight forward, \”all risk\” protection for the coastal risks.
Katrina was no ones fault, but
State Farm had a plan.
Katrina took everything in her sight,
Red, Yellow Black & White,
both Democrat & Republicans alike.
I thought I was dreaming…
but this was real.
and Thought I was covered,
I had State Farm for years.
When they said denied,
I thought I could no recover.
It hurt even more,to see my children cry.
State Farm refused to pay us
and they wanted to know why.
No toys for them this Christmas.
but a gift they got indeed,
Called one of life\’s lessons
a gift they will never forget.
State Farm hurt their future…
because they refused to pay a dime.
Ultime Betrayal…and at the worst time.
Our Fellow Americans, you see,
They drove in buses, sending aide,
Threw us money in every way.
This is called the USA.
Stranges came to our aid
but S/F only stayed away.
Thank you America for what you have done.
No one owed us but State Farm that we paid.
but it was the people that came to our aid.
They when the Adjuster said Denied…
and we still had to pay them, another surprise.
They refused us the benefits for Loss of Use.
Said our homes were uninhabitable with the same water excuse.
In the end you will find,
exactly what they have done to me & why.
I never though we could ever win,
but Bless you Scruggs…you did it again.
Appeal this they can… but no one you see,
can\’t change the truth, it\’s now history.
1. Develop a clearly-written exclusion that says what adjusters have been claiming the existing one said — if damage is caused by a combination of a covered peril and an excluded peril, all damage is excluded, including that from the covered peril.
2. Price existing policies to cover losses that are covered under the existing language, including the expense of investigating to determine what is covered wind damage and what is excluded flood damage, and to cover losses where it cannot be determined what was caused by wind and what was caused by flood.
3. Exclude all wind, and see if you can get the policy approved.
4. Write an all-perils policy and see if anyone is willing/able to pay for it.
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If each and every agent selling a homeowners policy (including wind) required them to purchase a flood policy as well there would not be any question of wind vs water. Non high risk areas are eligible for Preferred policies and they are cheap!
Why buy flood insurance ?
When will all the folks trying to do the right thing by purchasing Flood Insurance get their rebate, evidently in this judges eyes they don\’t need flood insurance as long as they have a HO policy
The liberal view of the judicial system. To pay the claim is bad enough, but punitive damages, please. This is a small part of the larger problem in the entire judicial system. We just seem to get ticked the most.
Most exclusions sooner or later get over turned in a court case. Why not include flood coverage on all policies, wind driven or not, with a cap (say 50k), charge the premium for it and make use of the NFIP as an excess insurer. No exclusion, no argument. Just need to document that excess was offered and declined.
I sat thru the trial and I know the SF policy language. The water damage exclusion, including the anticoncurrent cause clause, applies only to such loss as would not have occurred in the absence of water. Since SF had the burden to prove how much loss was caused by water only UNDER THE POLICY IT WROTE the judge was 100% correct to say SF could not win because it\’s expert testified that it was scientifically impossible to determine how much damage was caused by wind but that SOME damage was probably caused by wind.
\”The facts matter\” brings home the point.
State Farm\’s own expert indicated that it was impossible to seperate wind from flood damage when the remains of a structure rests in a rubble pile.
Does State Farm disagree? What training instructions did they provide their claim adjusters to make this determination? What marketing information did their agents convey when selling the policies?
I reiterate that if State Farm\’s insatiable greed of maintaining market share compels them to continue writing
homeowners policies in hurricane prone areas, then hopefully, somewhere scattered among their executive towers in Bloomington, they can find an actuary who can crunch the numbers and prepare an adequate premium rate for honest, straight forward, \”all risk\” protection for the coastal risks.
You will never know….
until it happens to you.
Katrina was no ones fault, but
State Farm had a plan.
Katrina took everything in her sight,
Red, Yellow Black & White,
both Democrat & Republicans alike.
I thought I was dreaming…
but this was real.
and Thought I was covered,
I had State Farm for years.
When they said denied,
I thought I could no recover.
It hurt even more,to see my children cry.
State Farm refused to pay us
and they wanted to know why.
No toys for them this Christmas.
but a gift they got indeed,
Called one of life\’s lessons
a gift they will never forget.
State Farm hurt their future…
because they refused to pay a dime.
Ultime Betrayal…and at the worst time.
Our Fellow Americans, you see,
They drove in buses, sending aide,
Threw us money in every way.
This is called the USA.
Stranges came to our aid
but S/F only stayed away.
Thank you America for what you have done.
No one owed us but State Farm that we paid.
but it was the people that came to our aid.
They when the Adjuster said Denied…
and we still had to pay them, another surprise.
They refused us the benefits for Loss of Use.
Said our homes were uninhabitable with the same water excuse.
In the end you will find,
exactly what they have done to me & why.
I never though we could ever win,
but Bless you Scruggs…you did it again.
Appeal this they can… but no one you see,
can\’t change the truth, it\’s now history.
God has Bless America…
Land that I love!
WOW, NOW I AGREE WITH THE JURY.
The industry needs to either:
1. Develop a clearly-written exclusion that says what adjusters have been claiming the existing one said — if damage is caused by a combination of a covered peril and an excluded peril, all damage is excluded, including that from the covered peril.
2. Price existing policies to cover losses that are covered under the existing language, including the expense of investigating to determine what is covered wind damage and what is excluded flood damage, and to cover losses where it cannot be determined what was caused by wind and what was caused by flood.
3. Exclude all wind, and see if you can get the policy approved.
4. Write an all-perils policy and see if anyone is willing/able to pay for it.
i told you guys that the courts will tell the insurance companies what the their policies will and won\’t cover. what \”is\” really means.