Miss. Judge Rules Some State Farm Policy Exclusions Unenforceable

May 26, 2006

  • May 28, 2006 at 10:40 am
    Roger Poe says:
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    5-28-2006

    Assumed damage.

    Can the sum of structural components, which all together make up the whole,(externally and internally), of a given material used/code enforced type, age and geographically placed structure, be \’assumed to be damaged\’ after a natural \”event\”?

    Like the \’if a tree falls down in a forest, and no one is around to hear it, does it make a sound as it falls and hits the ground\’ kind of logic, can damage of different flavors be assumed in physically similar [wind/hail] storm events, down to a given zip code?

    http://www.cis.fiu.edu/hurricaneloss/html/model001.html

    http://www.house.gov/science/hearings/research04/mar24/sciaudone.pdf

    Assuming (roofing, structural racking, structural balloning, saltwater intrusion in wind generated openings, corrosion, debris hits, debris contamination, etc.) common damage BEFORE an event, then verifying, in person, if those assumptions are relevant (EXTERNALLY & INTERNALLY) to a given structure AFTER an event, (even if a structure was flooded by rising water, or by direct or muted tidal surge pressures), seems like one fair approach to remove doubt about who-owes-for-what liability issues.

    Google search the following;

    The Saffir-Simpson wind/damage scale.

    The Fujita wind/damage scale.

    rogerpoegc@yahoo.com

  • May 30, 2006 at 2:28 am
    C Johnson says:
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    Coverage is provided for most viable companies when there is wind driven rain. More of the damage occured before the storm surge and the surge just completed the job started by the wind. State Farm has a lot to lose when they lose this case. Reserves will need to be refigured and the amounts of types of coverages afforded for these type of storms will need to be adjusted. Look out for this year.

  • May 30, 2006 at 3:24 am
    Love Lawyers says:
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    Go Dickie. When he is done property insurance rates will double all over the county and insurance agent will make more commission. You go boy. I need a new boat

  • May 30, 2006 at 4:29 am
    drudy says:
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    as i said before the courts will tell the insurance companies what the policy language says and not says. any ambiquity will be in the inured\’s favor. this is getting real interesting!

  • May 31, 2006 at 7:36 am
    ClaimHawk says:
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    Gorden-

    How were the Allstate and State Farm rulings different from each other?

  • May 31, 2006 at 11:25 am
    doncha know? says:
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    You guys are funny.. if you were half the pros you thought you were you would know (1) the rulings are not inconsistent and (2) this one\’s a nobrainer–SF doesn\’t have an ISO policy. You complain that the policyholders don\’t read the policy, but actually you are the ones with no clue what the policies say.

  • June 1, 2006 at 1:04 am
    ClaimHawk says:
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    DK-

    Just curious-How were the Allstate and State Farm rulings different from each other?

  • May 31, 2006 at 5:27 am
    Gordon Keller says:
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    I really fail to see how this judge could rule one way in the Allstate case and another way in the State Farm case. Clearly, these must both be standard ISO Homeowner forms. What gives?

  • June 23, 2006 at 5:21 am
    Dana Fairfax says:
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    I am suing Chairman and CEO Rust, Jr. of State Farm Insurance, Bloomington, Illinois and the Company for denying Explosion Damage Coverage in Nashville, Tennessee. What is an ISO ? http://www.NashvilleBlastingVictimsUnite.org



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