State Farm Settles Another Katrina Claim Lawsuit in Miss.

March 30, 2007

  • March 31, 2007 at 7:32 am
    adjusterjoe says:
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    If State Farm was so right, why are they now settling the claims? Poor ole Mark and Dale. This must make you cry that your beloved State Farm must own up to their lawful obligations. The proper question is why did they not step up to the plate from the get go? Why did it require the courts to make them own up their contractual obligations?

  • April 1, 2007 at 12:44 pm
    adjusterrobert says:
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    adjusterjoe….you obviously don\’t have any real experience in hanlding claims especially of this magnitude. If you had an understanding of the legal environment that is taking place down along the coast you would understand why State Farm is doing what they are doing. Apparently you can have all the evidence in the world and the judges are still disregarding what is being presented and making their own decisions. Just to burst your bubble, I don\’t work for any major company so to say that I\’m biased would be incorrect. The people along the coast are going to take care of themselves. You will see more insurance companies taking the same position that SF is doing by removing themselves from the market all together. It is now becoming an underwriting nightmare because the contract is worthless especially in larges losses and no one will want to do business in a state where their risk is unknown.

  • April 1, 2007 at 1:03 am
    adjusterrobert says:
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    here\’s a question for you joe? what contractual obligation did state farm or any other insurer not own up and pay for? if you, like most of the people in the country, really don\’t have a clue what is taking place. you only get some of the media version that is being presented to inflame the people in that area. If you did have information from both sides, you would understand their (State Farm\’s) current steps. what real knowledge do you possess about the first settlements being made down in LA or MS by any of the insurance companies?

  • April 1, 2007 at 10:49 am
    adjusterrobert says:
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    you again appear to be speaking without all relevant information. What proof do you have that State Farm or Nationwide are denying slab cases and ignoring the wind portion of the claims. Everything that I\’ve read coming out of the courts it appears the insurance companies are offering to pay for the wind damage that is \”undisputed\”. The courts are now left to determine what the disputed amount should be. It is strange thru all the expert testimony being given the only slab cases in that area are all within the storm surge area (few miles from coast). Now you can\’t tell me that a hurricane the size of katrina could have 130 mph winds at the coast and not 10 miles inland. If wind caused the slab cases around the coast how come we don\’t hear of any slab cases 15, 25 or even 40 miles inland. The storm did not loose that much power that quick. Best I recall, Katrina still had hurricane force winds all the way into Tennessee. That was the reason why they had a hurricane watch posted for some of that area.
    Next point, you brought up is in regards to the floods. I fully aware that the two floods were completely different in nature. The first was due to the levy break and the second was storm surge. But, they are both floods and therefore not covered. Homeowners policies do not cover flood. Some policies, like state farm, state in regards to flood \”whether wind driven or not\” in essence storm surge (I am a state farm insured). Yet the courts still disregard all the engineers reports and obvious facts and bring it upon themselves to determine what amount is to be paid. The reason this bothers me so much is the fact that I am a state farm insured so it will end up costing me one way or another.

  • April 1, 2007 at 11:23 am
    adjusterjoe says:
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    adjusterrobert:
    They don\’t get much dumber than you. How do I know State Farm and Nationiwde are denying slab cases? 600-1000 lawsuits on slab cases. 5 slab cases set for court, heard in court, or settled on the courthouse steps; all State Farm. I know many adjusters in the area of cat work and cannot find one who denied slab cases in their entireity, except State Farm & Nationwide. I welcome any evidence you might provide that other carriers denied slab cases 100%. Why then did not State Farm and Nationwide make offers on slab cases if there was wind on the coastal area? B/C they live in their own little world. Your argument that there were hurricane force wonds in TN just makes my point. How could hurricane force winds pass over the slab houses, not causing damage? I have yet to hear of a homeowner that wanted anything but wind damage, in the beginning, on slab cases. They have only made punitive demands in court b/c State Farm and Nationwide have denied payable claims. Finally, I happen to agree the levy breaking in NO is not a manmade loss, bu flood. But, the NO cases and MS cases are totally unreleated and cannot be compared.

  • April 1, 2007 at 11:25 am
    adjusterjoe says:
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    State Farm and Nationwide are the only companies denying slab cases in their entirety. If you have knowledge of others, please advise. Wind is a covered peril. Wind damaged the houses, along with flood. I personally have paid slab cases their applicable wind damage. Louisiana and Misissippi claims are entirely different. You show your ignorance when combining the two. New Orleans claims that flooded have been adjudicated not to be flood under the definitioon of the policy. They are manamde b/c the levy broke, according to the courts. No such ruling in Mississippi. Just that the carriers cannot ignore the covered wind damage.

  • April 2, 2007 at 7:20 am
    adjusterrobert says:
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    Joe…..my understanding of the slab cases is simple. What damage was caused by wind and what damage was caused by water. Water is not covered. So the dispute is over what damage was caused by the wind. The experts have stated their opinion. Just like any personal injury claim that you put before the jury, each side has their own experts. Now it is up to the judge or jury to decide. You have failed to figure into your argument that SF \”lost\” their initial suit that went to trial. They offered something around $1200 and the jury came back and made them pay an additional $1300 or something around that…….here\’s the kicker….that was a slab case as well… I guess that one didn\’t get to much PUB because the insurance company appeared to be right in their handling of the claim…I\’m sure you know which one that was…..but every case that has gone to trial something has been offered by State Farm….

  • April 2, 2007 at 8:47 am
    adjusterjoe says:
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    Poor ole adjusterrobert, ain\’t got a clue. I have first hand personal knowledge of the area and specific files from State Farm. I have seen at least two engineer reports stating there was wind damage and claims denied 100%. I have word from reliable first hand eyewitness that the two cases I saw are the rule, not the exception. In other words, I have much knowledge of the physical area of Jackson, Harrison, and Hancock Counties. I know people in all three counties and personally know my way aound the counties. I have hanlded cliams in the area, including in Katrina. Believe me I know first hand.

  • April 2, 2007 at 8:49 am
    adjusterjoe says:
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    The case you cite was not a slab case and the damage was obvious. The other 4-6 cases State Farm has either lost or settled were slab cases. Have you alwyas just been plain ole dumb?

  • April 2, 2007 at 9:00 am
    adjusterjoe says:
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    incorrect things in your posts, I continue to leave thing out. You do not even understand the argument being made. It has ABSOLUTELY NOTHING TO DO WITH \”whether driven by wind or not.\” At least the underwriter knows the argument. It is about the fact that the wind came first and damaged the dwelling. Then the tidal surge, which no one in their right mind has ever suggested is not flood came along. The State Farm argument is that b/c the tidal surge wiped the house away, the wind damage is irrelevant. Juriprudence and public policy tells us from Hurricnaes Opal and Erin that a carrier cannot use this defense, even if they incorporate it into their policy. None of the homeowners is asking for flood damage only the wind damge that occurred first. If State Farm had gone in and figued the roofs, windows, siding, interior ceiling, etc, about 25% of policy limits, all of this would be moot. However, they made a stand against jurisprudence and public policy and lost. Now they have to pay the price.



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