Federal Judge Puts Part of State Farm Katrina Settlement on Hold

January 27, 2007

  • January 29, 2007 at 11:04 am
    Irene Ochoa CIC, API, AIS CISR says:
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    I agree. However, I\’ve always considered State Farm agents more like State Farm employees. Like any other \”captive agent\”, they only represent one company and that is where they derive all their income.

    Will a \”captive agent\” bite the only hand that feeds them in order to protect their insureds? Have they ever?

    I\’m interested to know if their employment contracts allow them to express an opinion that differs from the company line?

    I\’ve had success helping my clients collect for denied claims, by re-submitting the claim under another policy,(if they have one) HO3, HO4, HO5 or HO6 in another state (any state) that doesn\’t exclude wind. The policies usually have a \”limitation\” for contents located at another residence. We\’ve used the limitation to make at least a partial recovery.

    Unfortunately, companies are changing their policy wording to close up this policy limitation that allowed for recovery.

    My best advice is to read the contracts carefully. Even policies sold by other agents or companies may afford coverage. Don\’t accept what any adjuster or underwriter tells you unless you\’ve done you homework and read that contract. Pretend the loss is your personal loss and be a detective looking for coverage.

    Don\’t forget to look into the state insurance laws. I\’ve had companies rely on their contacts to deny claims until I pointed out state laws that required them to honor the claim.

    Catastrophe adjusters work in many states and can\’t possibly know all the rules. Educate them. ie, ACV roof settlements are not allowed in all states.

    To quote a mentor of mine, Sajjad Hashmi, Ph.D., \”The insurance industry is the glue that keeps the modern society together. Without this product, none of us would sleep peacefully.\”

    Many educated, responsible and client focused independant agents do their best every day. And when we do, our clients can sleep peacefully, in that knowledge.

  • January 29, 2007 at 11:06 am
    Adjuster says:
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    Yep, those who help those with no voice. Is this nutball central or what?

  • January 29, 2007 at 12:11 pm
    FL agent says:
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    Wow. So much for reasoned, topical views one usually sees on these forums. Even brought out the religious nuts.

    Sadly, Living is so far off base it\’s ridiculous. \”Not one agent has ever telephoned a Katrina client . . .\” Typical uninformed rhetoric. As a Florida agent, I didn\’t have a single client affected by the storm (except for one auto loss, paid in full), but I PERSONALLY called dozens. I explained and explained. I held hands. I sympathized while they cried. Until you\’ve been there, Living, your opinions hold no sway.

    I\’m sure that there are agents and adjusters that didn\’t do A-grade work. There may be companies that aren\’t living up to their end of the deal. Just the same, there are lots of others, both locals and outsiders, that have busted their butts to do what they are trained to do and to help improve the situation.

    And just so you know, the \”plain English\” idea is cute, but it\’ll never happen. Know why? English is great for all of us here in the real world, but it\’s not a language spoken by lawyers. And the courtroom is where these claims are ultimately decided.

  • January 29, 2007 at 12:16 pm
    Kim David says:
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    Hurricane Katrina is described in
    Word Book as the worst disaster to ever hit the USA.

    Thousands of Homeowners,
    Still paying Mortgages:without a home
    Still Paying Insurance: denied all claims
    Still paying for a home
    they can not live in.

    Over 1 1/2 year later….

    Americans still waiting for crumbs.

    44 People in LA received Grant Money while
    Mississippi is already on Phase II Grants

    Contractor Fraud

    Robbed by the Bank (Mortgage Co.)

    HOW CAN AMERICA SPEND $2 BILLION A WEEK
    IN IRAQ WHEN AMERICA HAS THOUSANDS OF HOMES THAT WERE DESTROYED FROM A NATURAL DISASTER?

    This is not what Our Men Have died for.

    We have our own war inside America.

    Send our troops Home to help us rebuild.
    They are already on America\’s Payroll.
    Let them work here, where they are wanted.
    Where they are safe from harms way.

    We, The People of the United States of America need to take care of each other first!

    Without the working American Homeowner,
    USA would not have Insurance Industry or one Bank.

    We have all of the power.
    but Americans are too lazy,
    take a pill & chill.
    You will not hear their voice until they loose their sofa.
    They will not speak until it happends to them.

    We have been paying for Homeowners Ins that only guarantee an annual rate increase.

    The policy is nothing but a false sense of security.

    Why the Calculating exclusions added?

    The exclusions prevent the Insured from financial protection resulting from almost anything that could ever possibly destroy a home & contents.

    The exclusions protect the Insurer from a loss and not the Homeowner/Insured.

    Ever wondered why the Insurance Industry has so much money & power?

    They have taken the Money & Power from the American People.

    Time for Americans to Unite & Demand the

    right to buy a real Policy, without

    exclusion for any natural disaster.

    El Nino, Ozone Layer, Global Warming
    and my warning to every Homeowner in USA.

    We must stand up & stand together
    UNITED AS 1 NATION,
    UNDER 1 GOD,
    WITH LIBERTY & JUSTICE FOR ALL!

    Thy shall not trick thy neighbor with false policy!

    God Bless America!
    God is crying…

    take the hints from him!

  • January 29, 2007 at 12:21 pm
    English says:
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    Oh my goodness! Doesn\’t anybody know how to appropriately use capital letters?

    For Instance, there Are Several Words in this sentence That are Capitalized when They should Not Be.

    This is an irritating practice that makes readers take you less seriously.

  • January 30, 2007 at 12:22 pm
    Read the Contract says:
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    There are two issues: what the exclusion means, and what the burden of proof is.

    The exclusion says water damage is excluded even if concurrent with wind, but doesn\’t say wind is excluded. So wind is covered.

    If wind is covered and water is not, the company has to have good evidence for which damage it excludes. In Senter\’s ruling, he says SF admitted there was wind damage but refused to provide enough evidence to differentiate wind and water damage. If the company doesn\’t provide evidence that damage is excluded, it\’s included.

    If the company doesn\’t want to pay policy limits, it needs to show the damage is excluded.

    In the future, that probably means companies will have to spend more time and money on adjusting concurrent losses. Higher expenses, higher premiums, and maybe fairer decisions.

  • January 29, 2007 at 12:24 pm
    Katrina Homeowner says:
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    Not one Agent called to offer living expenses to the clients hit by the disaster.

    State Farm did set up certain locations
    and issued check for $2,500 to homeowners but that was the only amount paid and was deducted from the damage.
    Final check was $.00

  • January 29, 2007 at 12:30 pm
    Concerned says:
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    The value of this publication and website are diminished if it becomes a welcome haven for ranters. These postings need to be screened for relevance — at a minimum.

  • January 29, 2007 at 1:54 am
    Freedom of the Press says:
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    People have freedom to speek.
    People have freedom of the press.

    This is America!

    Your only input is a complaint
    about the site being a haven for ranters ?

    Do you have any input about the subject?

  • January 29, 2007 at 2:06 am
    RED says:
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    Why does the legal profession have to continue to reformat all policies to suit particular situations? Does this mean that all claims that have been denied in the past, because of the flood (Water) exclusion will be reopened? When you have a poitician (Lott) and his cousin (Scruggs)involved the wording in the policy means nothing.



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