Lawsuit Filed in La. Against Insurers, Commissioner Over Katrina Damages

September 16, 2005

  • September 29, 2005 at 9:45 am
    kathy guillory says:
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    with all due respect, your comment is the most ridiculous thing I ever read. It is no more your fault that earthquake occur in California than the man on the moon. Same with hurricanes, man does not have anything to do with creating hurricanes. If man could control the weather we would have ideal weather everyday. And, yes, when chosing a location to reside we also adopt whatever environmental and/or weather conditions of that terrain. Also, missy, sometimes people move to “hazardous locations” not because they want to, but need to relocate. For example, employment opportunities, be close to family, care for a sick family member, better schools, to name a few.
    I guess in your world we do not have a need for automobile insurance. I do not know if you own and/or drive a vehicle. If you do you probably know the hazards involved when driving on any street or freeway. Thousands of people die or suffer injuries every year behind fatal collisions. What would the committe in your world say to those injured, and to the family who lost a loved one? Hey, you chosed to drive, you knew the hazardous, you accept the consequences. To wrap this up, I’m just gratful that we live in a society where we are offered a variety of insurance policies. There are millions of hard working people in this country that live from check to check. And in a lot of cases an insurance policy is there only hope of protecting and/or replacing what they have worked so hard to acheive. And, would like to protect their american dream. No system is perfect. There are those who fraudulantly use their insurance policy, there are insurance companies who take advantage of citizens, deny benefits knowing that the policy owner does have money for an attorney or lengthy trail. The lawsuit may be ridiculous in your opinion, but, it just may force admendments that can benefit both the insurance companies and policy holders. Besides, I sure do hear insurance companies complaining about the policy holders who pay for insurance their entire life and never had cause to file a claim. From the begining the policy holder knew going in they may never have cause to file a claim and the thousands spent on insurance premiums, asta la vista.

  • September 30, 2005 at 1:46 am
    joy says:
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    Sorry Kathy, but you’re missing the point. Flood is not a covered peril, nor is faulty workmanship. If insurance companies are forced to pay for these claims that were never intended to be covered, ALL OF US WHO BUY INSURANCE WILL SHARE IN THE COST.

    Perhaps you don’t understand how insurance works. Insurance is a risk sharing business; in order for an insurance company to earn enough revenue to stay in business to pay these claims, they have to pass the loss costs onto their policy holders.

    While I empathize with anyone who couldn’t afford to buy flood or hurricane coverage (I can’t afford earthquake insurance), the fact remains that many of these coverages are available if you’re willing and able to pay for them.

    I live in California because I like it here. I take the risk along with the pleasure, but even if I were forced to live here because my job or family were here, it doesn’t change the fact that I could purchase the insurance to cover those losses that are that are a major concern to me.

    Your statement about auto insurance doesn’t make sense. Yes, I do drive a car, and I buy high limits of liability BECAUSE I live in a litigious State. I would rather spend my insurance dollars on auto insurance instead of earthquake insurance because that is where my greatest exposures lie.

    Anyone who opted to purchase comprehensive (other than collision) coverage, should have their vehicles replaced on an â€Åâ€ŔActual Cash Value” basis, but don’t expect to get the vehicle replaced unless you bought the coverage.

    You talk about insurance companies who take advantage of citizens, yet the reverse is also true. The State Department of Insurance protects consumers, insurance companies have to spend their own dollars defending themselves from fraudulent claims. There are times when I wish an insurance company would fight a claim, yet they pay it because it is cheaper to pay a claim than to fight it.

    It’s not enough that some 200 billion of the National Budget will have to be diverted toward rebuilding parts of Louisiana, Mississippi, Alabama and Texas, now you want everyone who buys insurance to pay in addition to this? Can I send next year’s increased insurance bill to you?

  • October 10, 2005 at 12:49 pm
    Louisiana resident says:
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    Not a Farmer, you are one shallow self-centered person.

    …..And for the record ANY one who builds a home anywhere near an EARTHQUAKE ZONE is just asking for trouble, we all know it would happen sooner or latter, Nature will have its way period…..

    Should everyone then move away from California?? Instead of Earthquake, insert MUDSLIDE, FOREST FIRE, RIVER, BLIZZARD, etc.

    Or, ask the residents of the Netherlands their opinion of your comments about living below sea level.

    Geez

  • October 14, 2005 at 1:08 am
    LL says:
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    You can’t seem to grasp the concept of ‘you get what you pay for’. Prudent people who paid for 2 policies to cover BOTH perils should naturally get coverage from both policies. No one is defending insurers. I am defending the sanctity of a contract signed by both parties. The time to ask if you are covered for hurricane and flood and earthquake is before the event, not after.

  • October 13, 2005 at 5:45 am
    dee says:
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    Nice libertarian attitude you expound. Of course, what if you actually DID buy earthquake insurance, but your house burns in a fire that directly results from the earthquake and your insurer says sorry charlie but your earthquake policy doesn’t cover it. or you have flood ins but not hurricane ins and the insurer says the hurricane caused the damage, not the flood, so take a hike after paying premiums for however long. or let’s say someone is not as sophisticated as you, joy, and they thought they had coverage, but the fine print in their policy says otherwise. i know where you’d come down on that one, but unless you’ve been blinded by the insurance light and believe all insurance policies are perfectly clear and understandable, you might want to think twice before so unabashedly defending insurers.

  • October 14, 2005 at 2:58 am
    cynthia says:
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    Funny all who made comment did not have any flood damage. I have lived in my house for nearly 30 years and never had water come anywhere near our house. This time the water came like a tidal wave and swept up pass our house and within a short period of time disappeared. That is not standing flood water.I bet you would have a different opinion if it were your house that was damaged.

  • October 15, 2005 at 10:29 am
    LL says:
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    I agree you indeed had a flooding event. Call NFIP to make a claim immediately. Have you policy number handy.

  • October 26, 2005 at 9:13 am
    Webb says:
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    Thank you McKernann Law Firm. We all in New Orleans have to believe that if the Federal Government had taken us serious years ago about the neglect of our levee system this kind of flooding would never have happened. I very strongly agree that this was caused by MAN MADE neglect or shoud I say Federal Government neglect. Those of you who do not live in the flooded areas and who are not homeless, you have no clue.

  • November 11, 2005 at 1:39 am
    LL says:
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    Why not sue George Bush? He tried in every budget to keep the Corp of Engineers underfunded.
    Also sue the local government, (state and city,) who squandered the money earmarked for the upkeep of the levee on unrelated expenditure.

  • November 13, 2005 at 9:19 am
    LL says:
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    Absolutely. At the same time, insurance companies should be reclassified as charitable organizations by the IRS. Then everybody will be happy.



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