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

September 16, 2005

  • September 16, 2005 at 7:44 am
    Dasfuk says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Most Attorneys do not understand insurance or insurance contracts. They are just looking to make some cash. Or is that help the people…. right.

  • September 16, 2005 at 9:05 am
    RICHARD says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Do the math

    600,000 residents
    425 dead
    10000 adjusters
    &

    1 million greedy lawyers going for:
    GOLD OVER MOLD
    MUD OVER FLOOD
    INSANE OVER HURRICANE

    Which side is contract law on?

  • September 16, 2005 at 11:50 am
    LL says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    A good ambulance chaser knows it behoves him to be the first out of the gate.
    I finally understand the genesis of the the joke “what do you call a lawyer at the bottom of the ocean–a good start”.

  • September 16, 2005 at 12:26 pm
    Ashamed of Farmers Insurance says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Last week on the Farmers agents ufaa.com site, an agent lamented that Farmers had authorized only $1000 in additional living expense payouts, when State Farm was paying out $2500. Now, Farmers is named in a lawsuit which hopes to prevent their poor claims service from ripping off flood victims. This is a company which is routinely sued by it’s own employees for unlawful practices in California. Once proud, Farmers is falling fast in national standing, from third place in 2002, to it’s current ranking of eighth place. This company is out to screw it’s policyholders.

  • September 16, 2005 at 3:20 am
    Correcto-Man says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    You nimrod!

    The suit doesn’t allege anything specific about Farmers claims practices. It names every conceivable insurer in a pre-emptive strike to keep all of them from asserting policy language to deny, fully or partially, claims due to flooding.

    Note that the LA Insurance Commissioner is named. Do you think that he is somehow in cahoots with Farmers? That he has improperly gone out and denied some claims?

    Just because SF can afford to lose $2500 per claim on potentially uncovered losses doesn’t mean that Farmers has to follow suit. Theer are some carriers not paying even $1000 on a “no coverage, who cares” basis.

    As far as being sued in CA, the dispute was whether adjusters are considered “exempt” employees, and thus not entitled to overtime pay. Almost every carrier classifies their adjusters as “exempt”. Many carriers, however, only have a 35 hour work week, and OT starts at 40 hrs.

    It sounds like that chip on your shoulder came out of your ear.

  • September 16, 2005 at 4:07 am
    Not a Farmer says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    I would not be suprosed if all insurers will try to deny these claims. In ANY CASE FOLKS if the insurers pay these claims the costs will be passes on to us. If the Gov’t pays for the losses we will pay for it in any case tax paying law following good citizens of the entire US will be paying for this one.
    And for the record ANY one who builds a home below the level of the sea is just asking for trouble we all knew it would happen sooner or latter, Nature will have its way period and so shall the Farmers to try.

  • September 16, 2005 at 4:28 am
    Claimsmith says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Some so called “Acts of God” (windstorm, tornado, lightning) are covered by HO policies, some “Acts of God” are not covered (flood, overflow of a body of water).

    The standard flood exclusion in HO policies is not contingent on being an “Act of God” and it reads something like this:

    We do not insure for loss caused directly or indirectly by any of the following:*******

    c. WATER DAMAGE, meaning:
    (1) Flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind;

    My analogy, to find coverage would be to compare Lake P with a swimming pool located on the roof of a four star hotel. Severe winds come along and and blow down one or more sides of the pool and the water inundates the hotel.

    That would be a windstorm loss, not a flood loss, baby.

    The Complaint also speaks of ‘neglect’, but the Plaintiffs have not sued the Corps of Engineers or any govermental entities responsible for maintenance and/or repair of the levees. They will never prove that the carriers are negligent in failing to protect the citizens from the lake.

  • September 16, 2005 at 4:42 am
    non-lawyer says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    In reading your article the complaint says “that water did not come over the levy but flooded the areas in question only after the breeches occurred” Using the word Flooded says it all!

  • September 17, 2005 at 10:55 am
    MDPaschall says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    The attorneys are going at it all wrong…and, the insurers are weakly defended by their contractural “outs” via “Acts of God”….. Hurricanes and other natural disasters are acts of NATURE, and NOT God! God only created the means by which disasters occur, He does NOT “CAUSE” them….If I were a plaintiff litigator, I’d use bring in some theological authorities to show the contractual weakness and moral corruptness of the insurers, along with their “deceptive trade practices” from CECO to boardroom to underwriter to agent.

  • September 17, 2005 at 4:10 am
    LL says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Don’t try to discuss a topic you know nothing about. Have you ever read a policy? Are you capable of understanding it if you came across one? And where does it say Act of God not covered? Please go offer your services to Jim Hood immediately; he may let you carry his coffee cup.



Add a Comment

Your email address will not be published. Required fields are marked *

*