Key Federal Katrina Ruling Favoring Homeowners Surprises Industry

January 12, 2007

  • January 19, 2007 at 11:01 am
    ML says:
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    State farm denied the ENTIRE claim due to storm surge – please – even the simpliest minded creature would know some damage was wind related. I am glad they got calle don it. These people\’s lives were destroyed. They should have paid something at the start. Just like Allstate claim philosophy -take their premium – pay them nothing

  • January 19, 2007 at 11:02 am
    HOMEOWNER Insured w/State Farm says:
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    State Farm Fire & Casualty Co. settled out of court Friday with a Mississippi policyholder whose lawsuit over Hurricane Katrina damage was scheduled to be tried next week in federal court.

    State Farm settled with Richard Tejedor of Long Beach only eight days after jurors awarded $2.5 million in punitive damages to a different policyholder – a couple who sued the Bloomington, Ill.-based insurer for denying their claim after the Aug. 29, 2005, storm.

    Terms of the settlement in the Tejedor case will not be disclosed, said State Farm spokesman Fraser Engerman.

    \”We are pleased that we were able to resolve this issue before it went to (trial),\” Engerman said.

    Jack Denton, one of Tejedor\’s attorneys, confirmed that the case has been settled but declined further comment. Tejedor was one of hundreds of homeowners on Mississippi\’s Gulf Coast who sued their insurers for refusing to cover billions of dollars in damage from Katrina\’s storm surge.

    Katrina destroyed his home, leaving nothing but a slab. A federal flood insurance policy paid him the maximum $200,000 for the home and $80,000 for its contents. Tejedor, however, said State Farm refused to pay for an additional $263,190 in damage to his home and its contents.

    State Farm and other insurers say their homeowner policies cover damage from wind but not from water, and that the policies exclude damage that could have been caused by a combination of both, even if hurricane-force winds preceded a storm\’s rising water.

    State Farm invoked that policy language to deny a claim filed by Norman and Genevieve Broussard of Biloxi, whose lawsuit was tried last week in a federal court in Gulfport. U.S. District Judge L.T. Senter Jr. took part of that case out of jurors\’ hands, ruling that State Farm is liable for $223,292 in storm damage to the Broussards\’ home.

    Jurors awarded the Broussards an additional $2.5 million in punitive damages.

    The trial for Tejedor\’s lawsuit was scheduled to start Monday. State Farm attorneys had asked for the trial to be postponed, but Senter refused.

    State Farm attorneys argued in court papers that a \”barrage of publicity\” about last week\’s multimillion dollar verdict may have tainted the jury for Tejedor\’s case. Senter, however, said postponing the trial would needlessly disrupt the court\’s schedule.

  • January 19, 2007 at 11:48 am
    Chad Balaamaba says:
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    gotta love the logic here; because there was storm surge, there \’had to be\’ wind damage…just had to be…sorry, you weren\’t there to assess; you are basing what \’had to be\’ on your feelings. Feelings do not belong here. Yes, if wind damage occurred, it should be paid, but please don\’t give us the insulting drivel of your \’had to be\’ feelings. Better yet, let\’s resolved this on Oprah and all hold hands and sing together. Why, if only State Farm had feelings…!

  • January 19, 2007 at 11:58 am
    Linda says:
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    Chad, please spare us from your dribble. This is not a which came first the chicken or the egg. The wind came first, did damage and then the water surge came and did the rest. To be a \”hurricane\” the winds must be at least 74+ miles per hour so how can you possibly say they could not have wind damage? And yes, some of us do have \”feelings\” for these people and their losses. While they should have purchased flood insurance to be fully covered is their fault but they are entitled to the coverage for which they paid for, even if it was a small amount due to the wind damage.

  • January 19, 2007 at 12:20 pm
    Chad Balaamaba says:
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    feelings, wo wo wo feelings…wo wo wo feelings…oh, I feel so much better about myself…I just renewed my \”feelings policy\”, I am now covered for whatever I feel should be covered for loss; thanks for all the help…I now \’feel\’ better than ever…with new feelguard coverage, I don\’t have to worry, the policy is so simple, it just states \”If you feel you have been wronged, or are owed something, please report to your agent, who will report a loss and have your feelings evaluated and compensated most fairly by our feeling staff according to what they feel you are owed\” Grow up.

  • January 19, 2007 at 12:27 pm
    Kat says:
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    Chad you need to grow up! Did your mother drop you on your head when you were a baby?

  • January 19, 2007 at 12:52 pm
    chad balaamaba says:
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    wow, a drop on my head, wow, I would really feel that, but it has nothing to do with all you moonbats using your \’I just know\’ expertise to look into the past and the future…you must feel real smart…gosh, I feel so bad…not.

  • January 19, 2007 at 3:10 am
    Linda says:
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    Chad, take a chill pill along with the other drugs you must be taking.

  • January 19, 2007 at 3:57 am
    gill fin says:
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    I know how you feel. Others have felt that way before. What I have found is….
    take responsibilty for protecting yourself and your stuff. Understand that once in a while something unforeseen happens and you have to deal with it. I can\’t believe those people lived there and
    didnt have flood insurance. I cant believe a bank loaned them money without flood insurance. I can\’t believe that when the **** hits the fan so many people react by putting their hand out, reflexively.

  • January 19, 2007 at 5:32 am
    Chad Balaamaba says:
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    the drugs only are used to kill the effects of me being dropped on my head…it\’s so painful to disagree on facts rather than feelings…I must be just evil…better go review my \’feelings policy\’ for coverage again! I\’m all about fair; life must be fair, or its all unfair!



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