State Farm Settles with Another Mississippi Katrina Victim

July 24, 2007

  • August 1, 2007 at 9:46 am
    wudchuck says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    levee was designed to withhold flooding frm the natural surge of water fm the sea and from flooding from the river. this was already a calculated issue and cud be used as a predictor of the elemental factor. thunderstorms can cause flooding but we have enough records of the amount of rainfall and can predict the flooding from them and hopefully either the levee’s or the sewer system can alleviate the problem of flooding if not, that can also be predicted based on figures. HURRICANE, a very unpredictable MOTHER Nature occurance. Her path is unpredictable and the strength of her storm can be a varying guess. We are able to possibly predict the number of hurricanes that will be active but the location and direction of them is unpredictable until closer to shoreline. this is why we can’t conclude any predictions or assess them in any damage assesed with storm damage. we can’t say that we get so many tropical storms in the region versus cat 5 hurricanes. so when these mother nature occurances happen, the insurance companies should not make a grievance on issues of wind/flood damage, because they come naturally very different and cause lots of damage. so we as an insurance industry, should not have been complacent about the storm. we should not have fought the claim in court. we should have pd it out and found a way to recoup the loss by adding a specific coverage for such an event as a hurricane (natural disaster in unapportional nature).

  • August 1, 2007 at 12:36 pm
    Roger Poe says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Dear “Tired”,

    I will address your commentary below-

    “Your act is getting remarkably old.”
    _____
    Actually, in my opinion, helping to warn and protect the general public shouldn’t ‘get old’ to anyone.
    _____
    “You have never made a positive comment about any insurer, especially SF or Allstate.”
    _____
    Not true. (Please refer to the earlier “Tired Of Cheap Insurers And “Adjuster” Dirty Tricks” commentary).

    From 15 years of past (post catastrophe) experience I do believe however that Allstate and State Farm knowingly and intentionally cheat and mislead their clients, and misuse the political and legal system, and mass media, for their own gain.
    _____
    “Why would you want an answer to your question? You will pull some bogus information or innuendo to refute it.”
    _____
    It was a simple question “Tired”. Why don’t you just simply answer it instead of dancing around it? And presuming to know how I will reply doesn’t seem fair.
    _____
    “I know for a fact that the major insurers IN CONJUNCTION WITH SHINGLE MANUFACTURERS test roofing materials to determine what is damage to the product and what is not.” I don’t see any UL listing or any information showing who or what company did testing to support your “Factual statements”.”
    _____
    “Tired”, Look over the past post and/or information below. It clearly spells out documentation from ELK Corp., a major shingle manufacturer. Owens Corning and GAF have similar viewpoints.
    _____
    “One little aside…. If granule loss should be considered a covered damage, then every time you install a new roof, you are installing a defective product and the roofing should be removed. Why do I say this???? Have you EVER opened a bundle of shingles and NOT have granules fall out? If you reply that you have, you sir are not telling the truth.”
    _____
    Various high winds slamming micro debris onto shingles can, and does, “blast” off by abrasive action, (much like sand blasting), the critical outer protective granular component.

    (Winds can also leave the shingles tar sealant bonds broken, destroying their engineered ability to protect the structure / inhabitants).

    The same wind generated abrasive action is quite common to find on wrought-iron fencing and other painted surfaces, including siding, guttering, window frame components, and even vehicle finishes and surfaces.

    That type of wind/debris damage to shingles is hardly to be compared to extra / loose granulues found in bundles of shingles.
    _____
    “Oh, as for your question…. Call the claim consultant in Texas, I’m sure he’d LOVE to hear from you.”
    _____
    “Tired”, again, it was a simple question, so why not go ahead and answer it…for everyone.

    Again–

    State Farm and Allstate both claimed that wind broken tar sealant bonds AND wind debris ground down fiberglass shingles was not wind/shingle damage they “recognized” in South East Texas after hurricane Rita.

    To the State Farm adjusters in Louisiana–

    Why did State Farm “recognize” the type of wind damage to fiberglass shingles (described above & below) when assessing hurricane Katrina loss claims, but did not “recognize” the exact same type of wind damage when assessing hurricane Rita loss claims in SE/Beaumont, Lumberton, Nederland, Mauriceville, etc. Texas?

    # TECHNICAL BULLETIN – HURRICANE EXPOSURE

    The process of detecting and evaluating damage from hurricane exposure is subjective at best, and often everyone involved may offer a different assessment.

    Damage can range from wind uplift, shingle loss, broken sealant bonds, granule loss, external sources, and may not be readily apparent. However, even small amounts of damage can harm the surfacing material, leading to deterioration of the shingles months or years later.

    GRANULE LOSS
    Regarding damage to the embedded granule surfacing in the asphalt top coating, hurricane wind exposure can result in varying degrees of granule loss. Hurricane wind exposure loosens the granules, potentially allowing the granules to separate from the coating layer and wash off the roof.

    Without the granule surfacing, the asphalt top coating is exposed to ultraviolet radiation from ordinary sunlight and will eventually deteriorate, exposing the fiberglass substrate and creating a leak potential. If a shingle indicates outward damage, the underlying components may be compromised and affected to some degree.

    The extent of granule loss resulting from hurricane exposure is influenced by, but not limited to, the following:

    1. Age of the product.
    2. Force and duration of winds and wind driven rain.
    3. Type and amount of wind driven debris.
    4. Orientation and slope of the deck in relation to winds.
    5. Amount of foot traffic.

    BROKEN SEALANT BONDS
    When sealant bonds are broken due to hurricane winds, it is possible, but not likely, for shingles to reseal.

    The subsequent strength of resealing, if any, would not be as strong as the initial thermal bond and would be contingent on, but not limited to, the following:

    1. Age of the product.
    2. Time of year and amount of exposure to ambient temperatures.
    3. Length of time before shingles are exposed to subsequent high wind events.
    4. Orientation and slope of deck.
    5. Stress and strain on the shingles due to exposure to sustained high winds and/or deck movement.
    6. Number, placement, type, and length of fasteners.
    7. Contamination to the sealant bonds by dirt, debris, or other foreign substance.
    8. Condition of the underlying deck or underlying shingles if a roof over.

    In accordance with the terms of the limited warranty, there is no coverage for damage caused by hurricanes. Shingles in hurricane areas will continue to carry the limited warranty for manufacturing defects and remaining limited wind warranty.

    Any damage relating to conditions caused by a hurricane, including granule loss, breach of the seals, nail tears and other structural damage, will not be covered by the limited warranty or limited wind warranty at any time.

    TB-420 2/24/06 ELK P.O. Box 500 Ennis, TX. 75120 Toll Free – 1-866-355-8324 – http://www.elkcorp.com
    _____
    rogerpoegc@gmail.com

  • August 2, 2007 at 12:42 pm
    Tired of Whining says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Sir or Ma’am….
    Do you have any concept of tort law? The insurance policy is a CONTRACT between the insured and the company. IF any company would ignore the basic tenents of the policy (ie: coverages) then what is to prevent someone with a house that is falling down due to rot from collecting on a claim? Or if the policy lapses and the house burns down, what about then? The policy is a contract. It specifies actions to be taken if certain requirements are met (ie: pay for COVERED damages if the policy holder pays their premium). Your post reads like a fantasy tale. Pay whatever people want and charge them later to recoup the costs????? I am guessing you will never be a CEO.

  • August 2, 2007 at 10:59 am
    Actually says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Dude- You can stop now. Everyone went home.

    And no more energy drinks for you tonight young man >:{

  • August 3, 2007 at 2:43 am
    C. James says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    In responce to “Still not a State Farm Employee”…. When you walk into an Insurance Agents office and ask the agent if you are covered for the up and coming Hurricane season and that agent tells you that your “Homeowner Hurricane Policy” is adequate to protect your property… do you question her??…is not State Farm’s mission statement “Build a premium company on mutual trust and integrity”?!I trusted my agent to understand the ambiguous contract language of my policy and to guide me in the path best suited to protect my home. If my agent who is a representative of this company can not understand the Policy provisions that she was selling…how am I suppose to understand what I was being sold.?!! I called this my “HURRICANE” policy because in 2003 State Farm asked for and got a 25% rate increase. As a 12 yr policy holder I was notified that my rate would stay the same but my “Hurricane deductable” was increased significantly. My policy covers “storm systems” declared to be hurricanes by the “National Weather Services” I argue that the policy’s “definition of Hurricane” and the use of the term “Storm System” contemplates not only damage from hurricane Winds, but also “storm surge”.Courts have found that where wind and flooding both cause damage, as long as the wind damage is a “proximate” or “efficient”cause of the damage the insurers can not dodge paying a claim. This I’m sure you’ve heard time and time again.Katrina made landfall in Buras LA.at latitude 29.33 and longitude 89.51 My Home was in “Clermont Harbor” the latitude is 30.2 longitude 89.6 placing my residence immediately East of the eyewall, a direct hit. State Farm refuses full payment of my claim using the “FLOOD” argument, or “storm surge” clause….yet we know there would have been neither had there not been WIND.State Farm has falsely and fraudulently classified Hurricane Katrina as a FLOOD to dodge its obligations to pay many covered losses. The Gulf of Mexico did not FLOOD! Hurricane Katrina’s winds did not “jump” over my home and move inland causing billions of dollars in WIND DAMAGE. Hurricane Katrina’s WINDS upto 140mph East of the eyewall, with the increased likelyhood of TORNADOES in the right front quadrant hit my home 6 full hours before water.The National Weather Service states that in the event of a CAT 4 hit, at least 1/2 of well constructed homes would have roof and wall failure…with ALL gabled roofs failing. Katrina was a cat 4,and I had a gabled roof. State Farm advises in it’s Hurricane Prep manuel that you are more susceptible to WIND damage if you live within 1500 feet of open water…I lived 3 blocks from the Gulf. FEMA states that winds of 125mph places 1,250 pounds of pressure on a structure, this force is enough to cause failure. (a 4×8 sheet of plywood will be be pushed by a weight of 50lbs of pressure). The spokesman for Allstate “Bill Mellander” states that adjusters trained by FEMA are EXPERTS at spotting “telltale” signs to identify wind vs. water. FEMA lists one word on many applications in Clermont Harbor that word is TORNADO. Satellite photos easily verify this finding and are visable even to me the average layman. With the FACTS stated above, documents to verify there accuracy I know My place of residence was gone prior to water ever becoming an issue…..In my case there is no credible argument that I had little or no wind damage.Yet 2 yrs post Katrina I am still waiting for Sate Farm to do the right thing outside a court of law.State Farm sold me a piece of paper with a promise attatched. State Farm’s agent told me I was fully covered. I trusted them to live up to that promise.Hurricane Katrina destroyed my home, in good faith I believed “my good neighbor” With the above facts why should I have to hire a lawyer to get what should have been immediately given. Why should I accept 50% of my structural losses as per the agreement with the State Attorney General? I had coverage for contents and cost of living..per policy for up to 2 yrs.Yet to get what is rightfully mine I am being forced to find and hire an attorney, it sickens me to think that an attorney is necessary to force this company to live up to its obligations…thats just wrong!!! State Farm needs to be the company of Integrity that it claims and pay policy holders like me what they owe and what I payed for…They need to give me back my home….C. James

  • August 3, 2007 at 8:53 am
    adjusterjoe says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Roger Poe, your stupid posts get old quick. Your out of context quotes in an effort to replace poor workmanhip by roofers wears thin.

  • August 3, 2007 at 9:14 am
    Tired of Whining says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Actually……..you’re without a doubt correct. I get carried away when some people just don’t think. I apologize if I offended anyone on the board. That was not my intention. My main goal for following this thread is to: GET PEOPLE TO READ AND UNDERSTAND THEIR POLICY!!!!!!!!!!!!!! PLEASE!!!!

  • August 3, 2007 at 11:10 am
    adjusterjoe says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Very good post C. James and I agree that an offer of no less than 50% of the dwelling, based upon an arbitrary formula, is absurd. What happened to the State Farm motto that each claim is to be concluded on it’s own merit? An arbitrary formula cannot honestly consider each claim individually. I also thought that the AG/DOI agreement was in Mississippi, not Louisiana. You appear to have done your homework. The only thing I take issue with is your act of playing dumb about the need for flood insurance. I have worked many many flood claims in Louisiana and the citizenry of Louisiana generally knows there is a need for flood insurance. With that said, that does not give State Farm the right to abuse their insureds and refuse to pay legitimate wind damage. I also agree that it is a sad day when you have to give up 33% of your legitimate claim to an attorney to get State Farm to do what they should have done from day one.

  • August 3, 2007 at 12:48 pm
    C James says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Adjusterjoe…I wasn’t playing dumb about the need for Flood insurance. Just didn’t want to open up another can of worms…My agent from State Farm failed to “bill” my mortgage company so they could pay the Flood insurance from escrow. My mortgage company has given me copies of the letters (numerous) they sent. Imagine my surprise to find that after 12 yrs I did not have flood insurance with “State Farm” but a mortgage issued policy to pay off the property if flooded. My property was valued at 89,000.00….the payoff was 24,000.00….The mortgage company protected themselves and I am grateful for this because I do not have to pay a house note for a nice set of steps. My fault in this is failing to read closely the notice sent to me from the mortgage company….I opened the letter and it said flood insurance taken from escrow…and I assumed that State Farm had been paid…a costly error on my behalf….only second to choosing State Farm as my insurance carrier…respectfully…CJ

  • August 4, 2007 at 8:15 am
    Roger Poe says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    “Roger Poe, your stupid posts get old quick. Your out of context quotes in an effort to replace poor workmanhip by roofers wears thin.”
    __________

    Poor workmanship and different types of wind damage to fiberglass shingles are two very different issues…to reasonable minds.

    Just because someone does not understand, (or want to admit), those differences does not make my posts “stupid”.

    Lastly Joe, my in-the-post-catastrophe- trench experiences / commentary has help many, many people NATIONALLY deal with unscrupulous insurers and adjusters.

    rogerpoegc@gmail.com



Add a Comment

Your email address will not be published. Required fields are marked *

*