Federal Court Upholds Nationwide in Katrina Storm Surge Case

September 4, 2007

  • September 5, 2007 at 5:54 am
    Kim David says:
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    I am referencing the whole story.
    The Industry refuses to accept defeat even after the engineering reports, millions spent in legal fees and
    after State Farm surrendered to Scruggs.
    Higher Strings were pulled and this is how they won this battle.

    The war is not over and
    We’ve just begun this fight!

  • September 6, 2007 at 7:11 am
    Kim David says:
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    Gill…

    Gee, I must intimidate you.
    What are you afraid of?

    You want IJ to block me from
    voicing my opinion?

    You don’t have to read or
    comment with crazy people.

    Why waste your time?

    A frequently used tactic…
    The typical M.O.
    Block it all the way.
    Use you clout & keep paving
    the way to prevent regulations.

    Do you know why…
    the Industry faithfully contributes
    to Political Campaigns?

    You guys are relentless.

    I would like to see you get
    IJ to block me
    then I could subpoena you into a
    courtroom.
    Lawyer-Up!

  • September 6, 2007 at 7:12 am
    Nobody Important says:
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    Ok, fine, he is an appointed judge. And since he is appointed to office he has no political pressure from the locals. Now who is being naive.

  • September 6, 2007 at 7:14 am
    Nobody Important says:
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    You discredit yourself every time you post your moronic rantings. I just comment and post my opinions. You have no knowledge or reason, just emotional garbage spewed at the system you hate. I will continue to come back at you every time I see one of your hate filled posts. Live with it idiot.

  • September 6, 2007 at 7:33 am
    Nobody Important says:
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    My God, you take yourself seriously. You are commenting (poorly) on an opinion posting site. You treat every post as if you were posting the Declaration of Independence or the Gettysburg Address. You seriously need to get over yourself. This isn’t a court or the legislature. You can’t prove anything or get any court decisions changed her. We all just post what we think. Your posts just are so pompus and poorly worded that you are a running joke. I wish you could understand that and learn to discuss rather than name call and accuse. I guess that won’t happen, whoever you are. There are a lot of posters I don’t agree with on IJ, but your posts are the dumbest and least thought out of any and that’s saying a lot considering your competition. (Is my post as long and pompous as your usual yet?. Nah) Have a good night and goodbye.

  • September 6, 2007 at 8:25 am
    Gill Fin says:
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    Well that would explain why you don’t know anything about P & C. Why don’t you turn your careful gaze toward your own field if you are so pious. Kim, don’t flatter yourself. You do not intimidate anyone here. For myself I just hope none of my family members or friends ever develope dementia to the degree you seem to have.

  • September 6, 2007 at 9:29 am
    Another Anon says:
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    Kim, there is no defeat for the industry as you state in your response. The policies, which you seem to find illegible, have been updheld by a US Court of Appeals. Not just in the Leonard case, but in 2 other recent rulings. One of the rulings holds the concurrent casusation langauge of the policy is not ambiguous. Thus, the industry seems to be doing just fine.

    I am still incredibly sorry for people that lost everything, and cannot rebuild. However, it is not the insurance industry’s fault that people failed to purchase adequate insurance to protect themselves. It is the policyholder’s responsibility to read the policy. In fact, most policies tell the owner to do just that. You state you read your policy and still did not understand it. Did you call your agent to ask questions? Did you call the carrier? Did you talk to any other insurance professionals?

    You state in your post that you are in the insurance industry. I would like to know what area of the industry. Most professionals understand you cannot recover for the same damages from more than one policy. Your post indicates you did not know that. You state you cannot understand your policy…most professionals understand policies, and if they don’t they ask questions.

    Your posts asks the hypothetical question why agents did not offer to pay living expenses. How many agents have that type of payment authority? You state you are in the business, so you should know the answer.

    You are suing 2 companies for damage to 2 homes. It appears you did not properly insure those homes to value for flood. I’m sorry for your loss, but the industry is not to blame.

  • September 6, 2007 at 11:04 am
    Mark says:
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    “Posted On: September 5, 2007, 4:54 pm CDT
    Posted By: Gill Fin
    Comment:
    I hope they have metal detectors.”

    Gill, don’t you mean “mental” detectors???

  • September 6, 2007 at 1:12 am
    Kim David says:
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    Q&A: Why did the Industry blame the water before anyone could even get to their property?

    Q&A: Why did Agents Immediately tell us
    that “If you home has vanished, it was the water”
    Q&A: How could they know this before engineers and adjusters physically inspected?
    Q&A: My home did not vanished but it was beat to death. My Dock & Pier remained in perfect condition because…it was under water…the wind could not damage it and the truth is the water protected it from the wind.
    A surge would have taken it away easier than it could take a home.

    Adjuster said surge, when I asked,
    What way did the surge go? He could not answer.

    Why were items that were inside, found hanging from tree tops, and scattered north, south, east & west?

    Without any doubt, I had wind damage but
    State Farm said it was all water and this is why thousands are forced to sue.

    Fact: We had wind & water damage.
    Fact: We proved the wind came first.
    Fact: Picayune MS had nothing but wind damage, we watched roof shingles fly like snow flakes. My Mothers home in Hide Away Lake had glass walls that were blown in.
    This same wind passed thru the coast first then went up north and destroyed Picayune by wind and tornadoes.

    All I have left, is the truth.
    What’s crazy is for this Industry to
    deny that Katrina had WIND DAMAGE!

    A Hurricane consists of wind & flood.

    Instead of trying to help the Clients,
    the Industry spent millions to deny claims.
    Numerous Engineering Reports, legal fees and they could have used this money to work with us and not fight us.
    Like kicking us after we are down & out.
    The Ind. could and should have come to our aid but they became our enemy.

    It was strangers that came to our aid. They drove thousands of miles in caravans with food and water & clothing.
    We are not charity people.
    We are Working Americans that are Homeowners.
    I broke down & cried when the Red Cross gave me used, clean, cotton T-Shirt.
    Talk about humble pie…I was so grateful to the person who donated it.

    You people hide behind the scenes and point your finger.
    You do not know the emotional toll this caused to men, women & children.
    Worst of all you don’t care, because it never happend to you.

    You will never understand, until it’s your turn.

    The Industry turned their back on us during the worst disaster in the USA.
    They never offered one drop of water but
    they continue to spend millions to deny us when all they had to do was reach out and give us a hand and at least try to reason with us.
    They were too greedy and they assumed they were bulletproof.
    Scruggs took their metal vest off of them.

    Bottom line:
    We paid for wind damage.
    They denied the wind.

    I rest my case. I will not waste any more of my time with you guys that have nothing to do but hang on this site.
    The truth insults you and your only defense is to discredit the messanger.
    Kill the messanger?
    I am one, of thousands!

  • September 7, 2007 at 2:24 am
    Kim David says:
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    If I am so stupid & crazy, then why did so many people sue State Farm and why did they settle?
    This is not about me.
    I did not cause Katrina.
    I did not lie.
    I was forced to sue State Farmbecause my Adjuster was caught lying.
    I’m the Victim but you think of me as the villian.
    Do you think I am supposed to roll over and let them do this without a fight?

    I have evidence that proves the wind came first. Flood came after with more wind, waves, surge, etc.
    The Wind Damaged the home first as it did homes in Picayune.

    All State Farm had to do was try to work with us but they kicked us again.
    They tried every trick in the book to deny claims and they are still trying to deny wind came first.

    It really makes me angry when you guys try to insult me as if I were stupid.
    I am not as stupid as you want to think.
    I have enough evidence to win my case.
    They will want to settle and put the gag order on me just like you want to block me from IJ.

    State Farm refused to pay for wind and living expenses too. They blamed 100% on flood. They lied & cheated me and everyone else.
    The Wind Came BEFORE the Water?
    That means I am covered.
    I understand the policy very well.

    I am not crazy yet but you guys make me so angry and I don’t need to argue with you or anyone.
    I am sick of all of this.
    Do you think this makes me feel good?
    It’s all so negative.
    I am sorry but this is what they did and
    They are still arrogant and defiant and so are Agents.

    I have proof that wind came before water.
    Want to bet that I will win my case?
    I will let you know the verdict of the jury.



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