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: Thanks, Tony
Posted On: April 27, 2006, 11:22 pm CDT
Posted By: Charles
Comment:
You wrote a thoughtful note, and I DO understand that Flood is NOT covered in typical property coverages any more. But it is in the FEMA NFIP policies. My concern is the errors, mistakes and poor attitude of entirely too many claims people--and the incorrect and improper decisions and pronouncements so many make without taking the time to research, check, and EVEN READ THE POLICIES before they attempt to foster on the "INSURED" to the insured's detriment. Now, I just read [on the net] that the Miss. Ins. Commisioner has required that the companies must accept "eye witness accounts" and other "evidence" claiments bring to the table in arbitration and must "clearly demonstrate the cause of the loss." "when the issue is whether the loss was caused by wind or water. THAT IS WHAT HAS BEEN FESTERING IN MY GUT, TONY. [I really think that the "adjuster" never even walked on the property as it was just a pile of debris---but did not even attempt to look at the neighborhood. No one asked me about the losses at my condo, or any of my neighbors to my knowledge. Did they know ANY of the loss history of the immediate area? I was one of the earliest there 23 years -- saw the tornado damages, a bunch of tropical storms and hurricanes, stayed at home for almost all of them.....the ?claims inspector? called to ask directions,she promised to call soon as possible and would send me photos. Never heard from her again. Tony, I am not perfect, but I instructed the IIA courses to many claims people and had to explain coverage to correct even Claims Vice Presidents-Attorneys in court, explain to experienced claims people that a car that rolled into a pond is covered under Comprehensive Coverage, not Collision which usually has a higher deductible, that there is both an amount and percentage involved is certain "crime coverage". I've been retired for over 20 years, and worked all lines in many capacities [ARM, too] and I can also make a mistake. But I highly resent any person having 'control' over $$$$ that wrongly adjust, appraise, incorectly determine the amounts and improperly and uncaringly say things for any reason, "If it got wet, its flood and you won't get a dime [ or penny]. I also have no respect for their "professionalism" or their superiors that allow such activities. It isn't always a matter of ignorance or education, it is also attitudes, an open vs closed minds. I received a photocopy of an engineers report saying there was flooding.[Which I've heard was perhaps not necessarily exactly totally accurate]So I took a look for myself. My , my, evidently [a word Like evidence] I saw things that was not visible before. So can one deny windstorm damage when there was some water damage??? It ain't over until its over...and I may be old but my will will continue the fight at least to my first line of heirs...that was a really great place to live!!! See, I said I'm not perfect, too wordy...came from reading too many insurance contracts and endorsements, arguing with underwriters to write sensibly and claims folks to settle quickly, correctly and sometimes creatively. Sometimes I really miss being in the industry--but it makes me a little sad to have to see what a horror it seems to have become. Dam!
Subject: Thanks, Tony