What’s also important to note is that this “insured” lived in this apartment and is upset that his contents were not covered. Where is his policy for Business Personal Property? And…what kind of agent did he have? COME ON… Sound like E & O to me
Seems there are alot of posters so knowledgable they don’t need to read the policy to make a decision. Deny, hang on to the money until a court rules, play musical adjuster, pick up engineers and independent adjusters that would sell there soul for a pat on the back and a few bucks seems to be the rule of the day.
I don’t know if the decision in this case is just or not and neither do any of you but my guess is the hurricane states would be far better off without most the insurers they have to chose from.
New Orleans property damage in my opinion is due to mechanical breakdown and human error. Katrina was a mere cat 2 to 3 in New Orleans as it was to the left side, remember? The bad guy in this case was the Army Corp for building sub-standard levees, cementing the Miss. River upstream causing less sedimentation which destroyed large sections of wetland protection, further complicated by building levees on bogs and marshes.
I think insurers should be forced to pay the claims and be able to subrugate to the Federal Government. Then, they should fill the shithole up with dirt or give it back to the sea.
Let’s see, the federal 5th Circuit, in a well-researched decision that cited state cases on this identical issue from all over the country and covering decades, throws out the specious argument that “water” isn’t “water” if it’s from a manmade error instead of a natural source.
Even though, of course, the form language was approved by the Louisiana DOI as well as every other insurance regulator in the country.
With this quality of “justice” and predictability in Louisiana, why would ANY insurance company want to do business there? The state is an embarrassment to the country.
I have to agree with you on this one. I also read today where plaintiff attorney handling the valued policy case that was recently decided by the Federal 5th Circuit are seeking leave from the US Supreme Court to have the appeal from the 5th Circuit heard by the LA Supreme Court. What a crock of >>>>>!
Sounds like Bill Clinton is on the 4th Circuit. The policy did not define what type of flood is excluded on a homeowner policy located in an apartment with business personal property. What? I think the 4th had a 5th when they made this ruling.
Did anyone else need a roadmap to try and read through that article. First off, they say a “homeowner”, then they talk about an open perils commercial policy lacking exclusions, then find out it is a 5 unit apartment, which would not be written on a personal HO-3 form. It would have been written on a commercial form. So, this whole article makes no sense as it is comparing apples to cantaloupe. Once again, just plain shoddy writing, reporting, and fact checking by the staff at IJ. Maybe they can get some freshman from the local high school newspaper to fill in and show them how it is done.
I would rather deal with monkeys than attorneys and judges in LA. This is one f’ed up decision. Of course they played the Holocaust survivor sympathy card in this case. Don’t get me wrong as the Holocaust was horrible but I’m just saying that card was played to sway the judge and jury.
“Flood” ambiguous????? Duh! Let’s see…what kind of flood could the insurance company be thinking of in this land lying below sea level and below the water level of Lake Pontchartrain???? Snow flood? I don’t think so,in Sept.
Mud flood?? A sea of mud from the Mississippi River?? Naaaa.
A flood of tears? Not enuff people to cry that much water in the whole U.S.of A.
OH! I get it! A lake flood. But the apartment was not built inside the lake.
How many other types of flood could there be???
Looks like the U.S. Supreme Court needs to slap down a dose of “reality ruling”!
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What’s also important to note is that this “insured” lived in this apartment and is upset that his contents were not covered. Where is his policy for Business Personal Property? And…what kind of agent did he have? COME ON… Sound like E & O to me
Seems there are alot of posters so knowledgable they don’t need to read the policy to make a decision. Deny, hang on to the money until a court rules, play musical adjuster, pick up engineers and independent adjusters that would sell there soul for a pat on the back and a few bucks seems to be the rule of the day.
I don’t know if the decision in this case is just or not and neither do any of you but my guess is the hurricane states would be far better off without most the insurers they have to chose from.
New Orleans property damage in my opinion is due to mechanical breakdown and human error. Katrina was a mere cat 2 to 3 in New Orleans as it was to the left side, remember? The bad guy in this case was the Army Corp for building sub-standard levees, cementing the Miss. River upstream causing less sedimentation which destroyed large sections of wetland protection, further complicated by building levees on bogs and marshes.
I think insurers should be forced to pay the claims and be able to subrugate to the Federal Government. Then, they should fill the shithole up with dirt or give it back to the sea.
Let’s see, the federal 5th Circuit, in a well-researched decision that cited state cases on this identical issue from all over the country and covering decades, throws out the specious argument that “water” isn’t “water” if it’s from a manmade error instead of a natural source.
Even though, of course, the form language was approved by the Louisiana DOI as well as every other insurance regulator in the country.
With this quality of “justice” and predictability in Louisiana, why would ANY insurance company want to do business there? The state is an embarrassment to the country.
Dealing with monkeys
I have to agree with you on this one. I also read today where plaintiff attorney handling the valued policy case that was recently decided by the Federal 5th Circuit are seeking leave from the US Supreme Court to have the appeal from the 5th Circuit heard by the LA Supreme Court. What a crock of >>>>>!
Sounds like Bill Clinton is on the 4th Circuit. The policy did not define what type of flood is excluded on a homeowner policy located in an apartment with business personal property. What? I think the 4th had a 5th when they made this ruling.
Did anyone else need a roadmap to try and read through that article. First off, they say a “homeowner”, then they talk about an open perils commercial policy lacking exclusions, then find out it is a 5 unit apartment, which would not be written on a personal HO-3 form. It would have been written on a commercial form. So, this whole article makes no sense as it is comparing apples to cantaloupe. Once again, just plain shoddy writing, reporting, and fact checking by the staff at IJ. Maybe they can get some freshman from the local high school newspaper to fill in and show them how it is done.
I would rather deal with monkeys than attorneys and judges in LA. This is one f’ed up decision. Of course they played the Holocaust survivor sympathy card in this case. Don’t get me wrong as the Holocaust was horrible but I’m just saying that card was played to sway the judge and jury.
“Flood” ambiguous????? Duh! Let’s see…what kind of flood could the insurance company be thinking of in this land lying below sea level and below the water level of Lake Pontchartrain???? Snow flood? I don’t think so,in Sept.
Mud flood?? A sea of mud from the Mississippi River?? Naaaa.
A flood of tears? Not enuff people to cry that much water in the whole U.S.of A.
OH! I get it! A lake flood. But the apartment was not built inside the lake.
How many other types of flood could there be???
Looks like the U.S. Supreme Court needs to slap down a dose of “reality ruling”!
You should try to read the opinion…
http://www.insurancecoverageblog.com/Sher%204th%20Cir.%20Decision.pdf