Federal Court Upholds Nationwide in Katrina Storm Surge Case

September 4, 2007

  • September 4, 2007 at 10:47 am
    Gut the Gills says:
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    What sucks is…
    State Farm, etal, still refuses to clearly write the explanation of benefits on the first page of the policy.
    They will continue to use deceptive layouts with hidden exclusions and still Americans will pay for a policy without coverage.
    In Our Own Hands….
    Buy Flood….Screw paying for a Homeowners Policy that is not worth
    the paper it is printed on.

    Gill, you won a battle but the war is not over….We’ve just begun this fight!

    I am sure the homeowners that have had earthquakes, mud slides, will join in when they find the hidden exclusions for their disasters.

    It’s a matter of time before Americans demand a fair policy or else.

    If you know how much money is involved with the Insurance Industry, you will understand why they are protected with power from the Political Rings.
    Why do they protect the crumbs when each state can have the whole loaf of bread.
    I am still trying to get MS to become Self Insured by City.
    It’s a win..win situtation.
    If we get a hit before enough money is in escrow, we simple let the USA help us as they have done for the Ins Industry for so many years. We can also get the grant money and we will never pay another cent to the pirates that abandoned us during our one time of need.
    You do suck…real hard core too!

  • September 4, 2007 at 11:15 am
    Kim David says:
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    Mr. Scruggs…You are knows as
    THE PEOPLE’S HERO.
    The only ones who hate you are the ones you sued. Can’t serve to masters like the Insurance Industry successfully done for so many years.

    You make Perry Mason look like a bad Lawyer.
    You were the only man that had the balls to take this Industry on
    and MY GOD, YOU WON!
    SWEET BABY JESUS IS ON YOUR SIDE.
    After All, We are all God’s Children.
    He sees WHAT THEY’VE BEEN DOING TO US & HE’S IS HURLING WIND & FIRE ALL OVER THIS LAND.
    Still, they are trying to get out of the trap and pulling strings to get from behind the 8 ball.
    Make no mistake about it….
    we will have more Katrinas. I’m sorry to say but If this Industry does not clearly print the Benefits on the front page of the policy…you will win each & every time you step up to the plate and swing.
    They are definant & arrogant.
    They have pulled the wool over the heads of all policyholders and now they are eating their own Agents by denying sales of new policies.
    Who do they have left?
    Seems like only the Political Ring and the elected officials are quiet as a mouse,therefore you can bet they will not
    be re-elected by the policyholders who VOTE!
    Example: MS Insurance Commissioner
    You are either for the people
    or against them.
    It’s your choice!

    Tip to Elected Officials….
    We know the names of the Officials who fought for us.
    we Voters…don’t forget!
    When it’s time for your re-election….
    we will smile in your face and be kind.
    As you did to us, behind the curtain, we will not know your name.

  • September 4, 2007 at 11:37 am
    Dodger says:
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    What are all these hidden exclusions that are spoke of in the below posts? Are those the exclusions that are in black and white under EXCLUSIONS: Losses we do not cover, on those pieces of paper shoved in the back of a drawer in my garage? Just because you didn’t read it, doesn’t mean that it isn’t there.

  • September 4, 2007 at 11:51 am
    Anon says:
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    “This ruling will have no effect on our remaining cases pending in Mississippi state and federal courts, because all of the damage in those cases was caused exclusively by wind before any water arrived…”

    Translation: “We’ll just keep suing anything we can that sounds like an insurance company, eventually someone will pay, we’ll call it a victory, Adjuster Joe will call us heros, and we’re bound to get rich (if not more famous) from it. This is way better than slipping business cards through the back door of ambulances!”

  • September 4, 2007 at 11:53 am
    Anon says:
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    So now we have to put it on the front page? How large is that page allowed to be?

    What difference does it make it it’s on page 1, page 10 or Page 443, subsection B, Title 13, Article 145, of Paragraph 10 in Clause Amendum 8… you whiners aren’t going to read it anyway.

    Fact of the matter is, any time there’s actual ambiguity in an insurance policy, courts have ALWAYS sided with the policy holder. I’ll even support that (write that on your calendar). The insurance companies typically have much more powerful and well prepared attorneys than do policyholders, therefore I’m all for a court sideing with the little guy when a company has failed to clearly define their obligations.

    In this matter though… you’re out of your gord. These people aren’t suing because of an ambiguity… they’re suing because they gambled, and lost, that this wouldn’t happen to them. They opted to not purchase coverage to protect themselves and their assets in such a (predictable) event. Now, like Americans are famous for, they’re trying to find a payout. The governement is tapped out so now they’re trying insurance companies.

    Guess what… THIS TIME the companies are generally doing what they are contractually obligated to do. Sure, there’s been some problems (usually a few thousand here, a few thousand there, and generally when there’s been debate what was caused by wind vs water), but overall…

    I don’t have flood insurance. I’m gambling that I don’t need it. If, God forbid, my house floods… I’m screwed and I know it. I’m not going to try to re-interpret a contract after the fact to get money I don’t deserve. That’s like the idots trying to undo the Electoral College because they don’t like the outcome.

  • September 5, 2007 at 12:06 pm
    Gill Fin says:
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    That dirty old commissioner went and once again, hid the exclusions. Bet he won’t get re-elected. Now why would Gill curse the commissioner to the hinges of hell?
    Because he obviously hid the exclusions from our most learned posters noted herein. If this august group can’t find them how could a plain old dumb, really dumb, would have to be absolutely incapable of self sufficiency and living in government housing dumb find them? In my state, the commissioner approves all the contracts made available to the public. Thats so the consumer can shop reasonably between companies and know the terms and conditions are comparable. Those of you who complain about my industry with no idea of the checks and balances, and are too lazy to learn, wouldnt know that. I just went over page 12 in the homeowners booklet today with a client, the part about ‘losses not insured’ so he could understand how we treat wet rot/dry rot and leakage or seepage of water from any source. I find that by actually reading the contract I better help my clients who are trying to best figure out how to protect themselves.
    That is probably different than you socialists who 1) wouldnt read a policy if it kicked you in the teeth and 2) couldnt understand it anyway with your grade two reading level (sorry second graders). Your type, and I help many like you in my office regularly, thank goodness for them, wants to provide everything for all, I guess so you somehow feel good by proxy. As for the blathering about exclusions and earthquake, I have paid total loss claims from earthquakes. In fact, haters, I have photos on my desk of a home we rebuilt with earthquake coverage for a retired single woman. The absence of proper service from my office 15 years ago would have resulted in her not owning her home as planned after retirement. Because we TAUGHT HER what she needed to know she not only purchased earthquake coverage but chose an appropriate amount of dwelling coverage. That is why she always has a smile when she sees me.
    Go ahead, spew your nonsense, for why I will never know. If you really wanted to help people you certainly could try education. But that would require educating yourselves. So much for that idea.

  • September 5, 2007 at 12:42 pm
    Dodger says:
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    I found it! I found it! I was using my policy as a bath mat to catch water running down my moldy walls from a pipe that has been leaking from last winter. I guess I must be covered since there are none of these exclusions that you speak of on the front page. One question. What are all these other pages for? Forget it, its just a bunch of numbers and letters. I know I’m covered I told my agent that I wanted FULL COVERAGE.

  • September 5, 2007 at 1:05 am
    Kim David: A Scruggs Client says:
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    Glad to hear the way you guys on the inside think about THE stupid policyholders.

    Can’t wait to make you eat your words in a courtroom, in front of the jury.

    Scruggs, GET the Names of these wise men who write comments like this.

    Freedom of the Press is so American.
    I would like to use this as evidence when my trial comes up.

    Congratulations for hanging yourself,
    and…….. see ya in court.
    I will know who you are when I see you.
    You will have a foot in your mouth.
    Your loyal Industry may terminate your contract and
    the state may take your license too
    because you are going to cost them a lot of money
    and embarrassment too.

    Keep bashing the Policyholders….
    they need to find out what you think about them.
    Bad enough you failed to explain the benefits to your clients
    and you failed to tell them that there is not such thing as
    Hurricane Insurance. You made extra commissions when
    you sold them the Hurricane Deductible Wavier.
    A clear case of Greed & Deception face to face.

    You are about as loyal as a rattle snake!

    Hide from God
    but you can’t hide from a man named Scruggs…

  • September 4, 2007 at 2:08 am
    Patriot says:
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    Those boys, the scruggs, want to rip off all insurance companies along with their brother-in-law Trent the Lock aka U.S. Senator and move to fat cat city.

  • September 4, 2007 at 2:13 am
    Patriot says:
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    It is believed in Alien circles that the Scruggs clan want to follow in the foot steps of their Hero “Edwards the HAIR” now running for El Presidenta positon.
    They reason, if he can sue doctors and hospitals out of existence they could make headlines wrecking the insurance industry.
    Who said it that society would be much better off if that society killed off all lawyers. He was just ahead of his time by about 1500-2000 years. Where is he NOW?



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