Suit Over Flooding Cause Moved to New Orleans

March 20, 2006

  • March 20, 2006 at 3:16 am
    Ned says:
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    . . .if flooding is caused by an act of God or by the failure of a man-made attempt to hold back that act of God? Does the policy differentiate by the cause of a flood? Isn\’t flooding excluded either way?

  • March 20, 2006 at 3:33 am
    Sam says:
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    Yes and no. It does not matter for the first party homeowner claim, but if the courts rule that the flooding was due to failure of manmade structures, all of those that were uninsured or underinsured would have be able to pursue a third-party claim. Thus, someone would still be paying for their lack of personal responsibility.

  • March 20, 2006 at 3:37 am
    Connie says:
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    Hello, read the policy – it does not cover damages due to rising water – there is no coverage provided by their homeowner’s policies! Anyone living below sea level or on the Gulf Coast should take into consideration the exposures & make their decision to purchase the coverage or go free Willy & hope for the best! Maybe the Attorney didn\’t quite get it – as most are in the same boat……..
    If they determine the damages due to flooding was not due to the storms or the storm surges & decide it was all the fault of man – jeez – look out – because then all the homeowners will have someone to sue as soon as they learn whose fault it was! Oh well, I have real work to get back to so have a good day & I sure hope that Nagin will not be involved – we all know that he thinks the rest of the Country owes New Orleans!

  • March 20, 2006 at 3:41 am
    Ned says:
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    So even if the cause is determined to be man-made, the insurers shouldn\’t be on the hook, right? (Unless they insure those responsible for the levees breaking.) So why are they the defendants?

  • March 21, 2006 at 9:01 am
    Hal says:
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    Sue Jean-Baptiste Le Moyne de Bienville. His engineers told him not to establish the city there and that he should move up-stream on higher ground. One account says the startup town was destroyed three times in the first half dozen years by hurricanes.



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