Federal Judge in Mississippi 'Storm Surge' Case Upholds Home Insurance Flood Exclusion
National News • April 13, 2006
A federal judge in Mississippi has upheld the water damage exclusion in homeowners insurance policies in a ruling welcomed by insurers.
U.S. District Judge L.T. Senter, Jr. of the Southern ...
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Subject: RE: RE: RE: KUDOs to Roger & Survivor - To Mark
Posted On: April 21, 2006, 1:18 pm CDT
Posted By: Mark H
Comment:
Roger,
I can somewhat agree that the details included in standard contracts are based on what each party "feels" should be included. But once a contract is agreed upon and signed, the provisions are the facts that direct the performance of each party. This can not be changed later unless agreed upon by both parties. As a "CONTRACTor", you should understand that basic principle.
Let's say you and I sign a contract stating you will construct a sunroom on the rear of my house for $10,000.00. The contract contains all of the specs for construction and materials to be used, and that I will pay you in full upon satisfactory completion of the job.
Now, as you near completion of my sunroom, I "FEEL" that you should also install a ten person hot tub. My neighbor has a hot tub in his sunroom and it just wouldn't be FAIR for me not to have one.
No, I'm not going to pay you anything more, I just "FEEL" that a sunroom should have a hot tub.
How do you "FEEL" about installing the hot tub for free?
I bet your construction contracts contain clauses pertaining to change orders.
The insurance policy says we pay for wind, not flood (and storm surge is flood). If there is evidence of wind damage, we pay for the wind damage. If the flood washed away the entire house, then there is no evidence of wind damage; no coverage for flood damage. No covered loss.
Some like to say the wind came in before the flood, and blew the house down, then the flood washed it all away. No coverage for the flood damage, and there's no evidence of the wind damage. Again, no coverage. That's why the policy includes a concurrent causation language.
Subject: RE: RE: RE: KUDOs to Roger & Survivor - To Mark
I can somewhat agree that the details included in standard contracts are based on what each party "feels" should be included. But once a contract is agreed upon and signed, the provisions are the facts that direct the performance of each party. This can not be changed later unless agreed upon by both parties. As a "CONTRACTor", you should understand that basic principle.
Let's say you and I sign a contract stating you will construct a sunroom on the rear of my house for $10,000.00. The contract contains all of the specs for construction and materials to be used, and that I will pay you in full upon satisfactory completion of the job.
Now, as you near completion of my sunroom, I "FEEL" that you should also install a ten person hot tub. My neighbor has a hot tub in his sunroom and it just wouldn't be FAIR for me not to have one.
No, I'm not going to pay you anything more, I just "FEEL" that a sunroom should have a hot tub.
How do you "FEEL" about installing the hot tub for free?
I bet your construction contracts contain clauses pertaining to change orders.
The insurance policy says we pay for wind, not flood (and storm surge is flood). If there is evidence of wind damage, we pay for the wind damage. If the flood washed away the entire house, then there is no evidence of wind damage; no coverage for flood damage. No covered loss.
Some like to say the wind came in before the flood, and blew the house down, then the flood washed it all away. No coverage for the flood damage, and there's no evidence of the wind damage. Again, no coverage. That's why the policy includes a concurrent causation language.