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: To Tony-From Roger Poe - Partial Facts & False Impressio
Posted On: April 28, 2006, 8:58 pm CDT
Posted By: Tony
Comment:
Roger,
I have never worked for Allstate (and never will), so I can't speak to their policies, whether written, verbal, actual, factual or implied.
Having said that, allow me to issue you a challenge..... Find one attorney who handles contract law who will admit to being, and I quote, "stumped" by an insurance policy and next time I am in Florida, I will by you a soda of your choice.
Every lawyer in the world that practices contact law thinks they can interpret an insurance policy. Does that mean that reasonable minds can not disagree? Nope, sure doesn't, but in the same vein when a contact you sign states specific causes of loss are excluded, you will always find a lawyer who will try to "make a name for himself" by taking on the insurance companies (and taking 33% or better of any settlement) and hoping to win.
As for another issue that you point out about buying a car. IF I didn't understand a provision in a contact, it would be explained &/or delineated further in writing BEFORE I signed the contract. Have you ever heard the expression Caveat Emptor???
The reason I feel the way I do (believe it or not, this is America and I am allowed to form an opinion about someone based on whatever criteria I choose) about you is the thread of posts you have authored. You seem (granted, I have not met nor dealt with you personally) to voice every view point that my years of experience have taught me is inimicable in someone who wants little more than to make as much $ as quickly as possible and yet you pose as the advocate of the poor beknighted consumer. BUT, when it comes time to talking to the consumer away from the adjuster all the sudden there are a myriad of ways that the job can be done to save the consumer their deductible, and/or get the insurance company to pay for upgrades, etc. I don't need to delineate, you are obviously intelligent enough to know what I am referring to.
As for my opinion of you and what type of contractor you are....... I can sum it up in a couple of statements. Allow me one caveat to state, that I care little about the quality of your work. First, I came on this thread and freely announced my profession and why I took the position I have. You hid your profession, attempting to let others make "erroneous preferably" judgements about your occupation so that it would appear you were unbiased. To continue, that type of action to me indicates someone that I would consider untrustworthy. To conclude, I wouldn't pay you to build a doghouse in my backyard.
As I have stated, there ARE bad adjusters or at the very least very inexperienced ones out there. My main gripe is that people want to come here and accuse a judge of improper conduct or accuse all insurance companies of improper conduct in handling claims, when in reality all it is, is a gripe session. They didn't get what they wanted (because of an exclusion in the policy (that THEY should take responsibility for as they signed a contract for it, bought it and paid for it) so all of the sudden everyone in the world is against them. GROW UP. What happens in your life is YOUR responsibility to handle, not the Federal governments, not the State or Local governments, not Roger Poe's, not your Momma's (unless you are underage of course in which case you don't have the right to enter into a contract legally)! IF you sign something you don't understand, don't expect the rest of the world to come to your aid. Stand on your own two feet and be an adult. If you don't understand it, DON'T sign it until you do. Anyone who let's a fast talking salesman push them into something they don't understand deserves NO pity. The rest of us do, as these morons have the right to vote.
As for my "doublespeak"........ I am SOOO very tired of people like you who want to use the word love when dealing in business. I would "Love" to be able to have enough time w/ each of my customers to know whether I want to love them or not, much less develop such a strong emotion towards them. Until I am cloned, empathy and sympathy for their loss is the best I can do. Who are you trying to kid? "People who pretend to love them".... Come on. Adjusters are so busy, we barely have time to talk to those we have married, sired or already have a relationship with to get our customers to "love" us or for us to "love" them.
"Clever, hard-to-detect and fradulent carrier/adjuster conduct". How about this. I pay for what is covered. What the insured (as required by the contract) can PROVE to me is a covered loss. If they can't and I can't in all honesty and (here it finally comes) in good faith, find a way to cover it, then it isn't covered. I realize I am a bit different then some adjusters, but I live by the motto, "I look for coverage, not exclusions (or exclusionary language)". I truly do as does every adjuster that I have ever met that works for the same company I do. Lumping everyone together and lambasting us, does little else than to prove my original opinion of you was correct.
Lastly, you cast a VERY wide net w/ your accusations against "high profile insurance companies". I would strongly suggest to you, not to name names, unless you have something called PROOF. I am just guessing, but I bet you couldn't handle (nor would you be successful in defending) a libel suit.
BTW, your (implied) threat about the, "nationwide (didn't know you were a licensed GC in all 50 states or is it just the contiguous 48) actions are not going unnoticed, and will not go on.......etc". I have very little doubt (yeah, right) that you have the ability to make the authorities address the issue. My guess is that you HOPE something will happen along the same lines as I HOPE Florida, Louisiana and Mississippi will enforce their (better watch out) gouging laws.
Might I suggest you get some provable facts before you rant and rave about/against those that have "been there and done that". Just a thought.
Ciao Baby.
Subject: RE: To Tony-From Roger Poe - Partial Facts & False Impressio
I have never worked for Allstate (and never will), so I can't speak to their policies, whether written, verbal, actual, factual or implied.
Having said that, allow me to issue you a challenge..... Find one attorney who handles contract law who will admit to being, and I quote, "stumped" by an insurance policy and next time I am in Florida, I will by you a soda of your choice.
Every lawyer in the world that practices contact law thinks they can interpret an insurance policy. Does that mean that reasonable minds can not disagree? Nope, sure doesn't, but in the same vein when a contact you sign states specific causes of loss are excluded, you will always find a lawyer who will try to "make a name for himself" by taking on the insurance companies (and taking 33% or better of any settlement) and hoping to win.
As for another issue that you point out about buying a car. IF I didn't understand a provision in a contact, it would be explained &/or delineated further in writing BEFORE I signed the contract. Have you ever heard the expression Caveat Emptor???
The reason I feel the way I do (believe it or not, this is America and I am allowed to form an opinion about someone based on whatever criteria I choose) about you is the thread of posts you have authored. You seem (granted, I have not met nor dealt with you personally) to voice every view point that my years of experience have taught me is inimicable in someone who wants little more than to make as much $ as quickly as possible and yet you pose as the advocate of the poor beknighted consumer. BUT, when it comes time to talking to the consumer away from the adjuster all the sudden there are a myriad of ways that the job can be done to save the consumer their deductible, and/or get the insurance company to pay for upgrades, etc. I don't need to delineate, you are obviously intelligent enough to know what I am referring to.
As for my opinion of you and what type of contractor you are....... I can sum it up in a couple of statements. Allow me one caveat to state, that I care little about the quality of your work. First, I came on this thread and freely announced my profession and why I took the position I have. You hid your profession, attempting to let others make "erroneous preferably" judgements about your occupation so that it would appear you were unbiased. To continue, that type of action to me indicates someone that I would consider untrustworthy. To conclude, I wouldn't pay you to build a doghouse in my backyard.
As I have stated, there ARE bad adjusters or at the very least very inexperienced ones out there. My main gripe is that people want to come here and accuse a judge of improper conduct or accuse all insurance companies of improper conduct in handling claims, when in reality all it is, is a gripe session. They didn't get what they wanted (because of an exclusion in the policy (that THEY should take responsibility for as they signed a contract for it, bought it and paid for it) so all of the sudden everyone in the world is against them. GROW UP. What happens in your life is YOUR responsibility to handle, not the Federal governments, not the State or Local governments, not Roger Poe's, not your Momma's (unless you are underage of course in which case you don't have the right to enter into a contract legally)! IF you sign something you don't understand, don't expect the rest of the world to come to your aid. Stand on your own two feet and be an adult. If you don't understand it, DON'T sign it until you do. Anyone who let's a fast talking salesman push them into something they don't understand deserves NO pity. The rest of us do, as these morons have the right to vote.
As for my "doublespeak"........ I am SOOO very tired of people like you who want to use the word love when dealing in business. I would "Love" to be able to have enough time w/ each of my customers to know whether I want to love them or not, much less develop such a strong emotion towards them. Until I am cloned, empathy and sympathy for their loss is the best I can do. Who are you trying to kid? "People who pretend to love them".... Come on. Adjusters are so busy, we barely have time to talk to those we have married, sired or already have a relationship with to get our customers to "love" us or for us to "love" them.
"Clever, hard-to-detect and fradulent carrier/adjuster conduct". How about this. I pay for what is covered. What the insured (as required by the contract) can PROVE to me is a covered loss. If they can't and I can't in all honesty and (here it finally comes) in good faith, find a way to cover it, then it isn't covered. I realize I am a bit different then some adjusters, but I live by the motto, "I look for coverage, not exclusions (or exclusionary language)". I truly do as does every adjuster that I have ever met that works for the same company I do. Lumping everyone together and lambasting us, does little else than to prove my original opinion of you was correct.
Lastly, you cast a VERY wide net w/ your accusations against "high profile insurance companies". I would strongly suggest to you, not to name names, unless you have something called PROOF. I am just guessing, but I bet you couldn't handle (nor would you be successful in defending) a libel suit.
BTW, your (implied) threat about the, "nationwide (didn't know you were a licensed GC in all 50 states or is it just the contiguous 48) actions are not going unnoticed, and will not go on.......etc". I have very little doubt (yeah, right) that you have the ability to make the authorities address the issue. My guess is that you HOPE something will happen along the same lines as I HOPE Florida, Louisiana and Mississippi will enforce their (better watch out) gouging laws.
Might I suggest you get some provable facts before you rant and rave about/against those that have "been there and done that". Just a thought.
Ciao Baby.