Texas Court Sides with Allstate in Rita Evacuee Expenses Case

January 26, 2006

  • January 26, 2006 at 11:00 am
    rob says:
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    Election Year for the Governor.

    He ran on a platform of reducing taxes and homeowners insurance rates after the big mold debacle of a few years ago. So now he needs to look like he is making the big bad insurance carriers toe the line. The suit got front page splash last fall, the court decision is probably page 6 or such.
    Politics is a contact sport in Texas. (Just look at Tom the Hammer Delay).

  • January 26, 2006 at 2:41 am
    Chris says:
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    Of course the TX DOI is \”studying their options\”; they have to say somethign pro-consumer. But, unless the judge just blew this one by ruling contrary to controlling case law, or there was an abuse of discretion, the policy language is clear.

    I\’m just trying to figure out what the basis for appeal will be. Any guesses?

  • January 26, 2006 at 3:03 am
    bob says:
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    TDI\’s Basis is the same as MS AG Hood: \”Damn, we got ourselves into a helluva pickle. Guess only way out is to pursue to the fullest extent possible and claim we did our best to help consumers.\”

  • January 27, 2006 at 7:37 am
    LL says:
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    I just plain don\’t like the discomfort of having no a/c. Should I stay in the Hilton in the next town, and make a claim the next time power is out in my neighborhood?

  • January 27, 2006 at 9:50 am
    Hal says:
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    How\’s this?
    Investigate the judge and his relationships. What he accomplished was a bunch of business for a bunch of lawyers. I\’d bet some of that business was other than contingency. Claim payments were delayed waiting for the decision – income for companies. Politicians got the chance to flap their gums and make promises about things they know nothing about. People with no payment due were lead down a path of false hopes, which is a personal trauma for those people.

  • January 27, 2006 at 1:32 am
    Roger Poe says:
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    Texas Home Owner Policy Form A states;

    EXTENSIONS OF COVERAGE.

    2.LOSS OF USE. If a loss CAUSED BY A PERIL Insured Against under section 1 makes the residence premises wholly OR PARTIALLY untenantable, WE COVER:

    a. additional living expence, MEANING ANY NECESSARY AND REASONABLE INCREASE IN LIVING EXPENCE so that your household can MAINTAIN its NORMAL STANDARD of living.

    Mandatory governmental evacuations and Wind [a covered peril] creating electrical outages, and all that that means in affecting ones NORMAL STANDARD of living / expences, appears to be covered.

    How NORMAL is it to have to pay premiums towards a property that is whole, electricity being part of the wholeness of ones NORMAL STANDARD of living, and then be denied those stated / implied promises when the NORMAL STANDARD of living is accidentally removed?

    Property\’s do not have to have structural damage to be \’untenantable\’.

  • January 27, 2006 at 2:19 am
    Chris says:
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    Roger, c\’mon, you don\’t really believe in your position, do you?

    Clearly, as has been decided over and over in personal lines coverage cases, the insured property (you know, the one that is on the dec page that the insured has an insurable inteerst in) has to suffer the loss from the insured peril for the ALE coverage to kick in.

    Mandatory evacuation isn\’t an insured peril. Wind damage to the power lines owned by Entex isn\’t a loss sustained by the insured premises.

    Maybe this is why you are a \”Reconstruction Specialist\”, whatever that is, and not an adjuster.

  • January 28, 2006 at 7:32 am
    dona zelt says:
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    i think the people that where able should have gotten their tails back home and cleaned up their own crap instead of us doing it whhile they are laying around in hotel/motel rooms watching tv getting free food. I DO NOT THINK ALLSTATE SHOULD HAVE TO PAY FOR UNNESECARY BILLS. LIKE MRS. BUSH SAID, THE MAJORITY ARE 3RD GENERATION WELFARE RECIPIANTS TO START WITH. SINCERELY, DONA

  • January 30, 2006 at 9:23 am
    Hal says:
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    I want to stay in the Hilton in New York city (because it\’s far away from the storm) and catch some broadway shows for a week or so.



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