AIA Criticizes Mississippi Attorney General Hood’s Lawsuit As ‘Groundless’

September 16, 2005

  • September 16, 2005 at 7:37 am
    Dasfuk says:
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    “Ground Surface water whether wind driven or not is not covered under a homeowner’s policy.”

    Another politic-er trying to move up in office… Oh and joy an attorney looking for a payday. Go figure.

  • September 16, 2005 at 8:33 am
    Jim says:
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    I was told by my State Farm Agent in 1980 that since my house was built above the huricane Camile flood plain that I was not elligible for federaly subsidized flood insurance.

    My home is hanging 4 ft off of the pilings and is cracked into three sections – structurally demolished.
    state Farm said that the damage was due to a flood and offered me $1500.00 My annual homeowners premium is $1300.00

    Don’t you think you would sue.

    Storm surge is not a flood, it is an integral part of a hurricane. If State Farm tried to exclude hurricanes they would not sell a lick of insurance.

    They are trying to say that all of the damage is due to flood.

    They will be sued to the end of the earth.

  • September 16, 2005 at 10:45 am
    LL says:
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    Please read NFIP’s definition of ‘flood’ before making ignorant comments. Storm surge is exactly what flood is. Who are you to redefine flood? Your State Farm agent was an idiot also if he in fact told you you could not get flood insurance.

  • September 16, 2005 at 11:02 am
    Russell says:
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    Some where I recall that a “flood” is caused by rising water from a “river” that temporarily overflows the river into “adjacent” lands. Also a flood on the northern hemisphere would start by water at the northern end of the river not the southern end, if it’s a naturally occering event.

    No one who went through Katrina experianced a flood in the general sense of the word as it’s understood by any regular person.

    Storm surge is water that is pushed “towards” the shore by the force of “winds” swirling around in a storm. In katrinas case hurricane force winds.

    I think they will pay. And moving so fast to have people sign some piece of paper only tips their hand exposing their true motives.

  • September 16, 2005 at 11:56 am
    LL says:
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    I say to you also: Who are you to redefine flood? By your definition, no coastal beach dweller should ever worry about being flooded or buy flood insurance.

  • September 16, 2005 at 1:27 am
    JAY MARINO says:
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    I noted with great amusement that the federal government is responsible for flood. We know this! The problem is that a hurricane is not raising water but high velocity wind which drives water on shore. What takes these houses down is the hurricane. The insurance companies will loose this battle. This storm was too big and this time something will be done to force the insurance companies to pay what they have been collecting premiums for 30 years… Don’t fool yourself YOU WILL PAY…

  • September 17, 2005 at 2:11 am
    Mark says:
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    Got my policy right here…

    Hmmm… Water Damage: Water damage means flood, surface water, waves, tidal water, tsunami, overflow of a body of water, or spray from any of these, whether driven by wind or not.

    Mississippi Attorney General Jim Hood is simply playing politics. I almost hope he is successful. Then all the major insurance companies will leave the state and your annual premiums will be $6,000 or more.

  • September 16, 2005 at 3:14 am
    Superjuster says:
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    You better hope they don’t have to pay. Flood, which this clearly is, is excluded on all dwelling policies that I am aware of (and I am aware of many). If the insurance companies are forced to pay losses for which they have not collected the appropriate premium they will leave the state and those that do stay ( if any ) will have their premiums so high that you will not be able to afford it which means no new home loans, no coverage for existing homes, etc. In other words financial ruin for what ever state might do this injustice. Beware of what you ask for, you might get it.

  • September 16, 2005 at 3:18 am
    curt says:
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    “The problem is that a hurricane is not raising water but high velocity wind which drives water on shore.”

    As I recall, wind driven water/waves is specfically excluded under the Home Owners policy.

  • September 16, 2005 at 3:20 am
    Sam says:
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    Mr. Marino, you and the State of Mississippi are very arrogant to believe that this will create a fix for all of the damaged homes, businesses and buildings within the Gulf Coast. Insurance Coverage litigation can go on for several years (note, the World Trade Center coverage litigation took over 4 years for some issues to be resolved). Do you propose that the citizens that do not have flood insurance wait that long for a court to decide that the NFIP is the source for flood insurance? Carriers will pay for the damages they owe under the contract. The litigation seeks to undermine long-standing principles of contract law. If the State of Mississippi is successful in re-writing insurance contracts to include a peril for which there was no premium collected, what will be next?

    Further, forcing insurers to pay for damages not covered and for which no premium was charged will cause further economic issues. Have you considered the far-reaching impact of such a decision? How many carriers will choose to withdraw from writing any insurance in MS because of this issue? How many carriers may go into receivership or bankruptcy if the court’s agree with the State of Mississippi.

    Your assumptions that insurance companies owe the damages is incorrect.



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