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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: Mark H - True Replacement Costs Depreciated = ACV

Posted On: May 16, 2006, 6:59 pm CDT
Posted By: Tony
Comment:
Roger,
We are back to your shell game. I LOVE how you use underwriting and insurance terminology to try to prove you knowledge.

What it breaks down to is you want 10% profit on your overhead. Wouldn't that make your profit in excess of the industry standard 10% of the cost of repairs?

Next, you want RC up front. Bubba, READ the policy. If it says RC up front, then that is what should be paid. Most (I haven't read all of them) state claims will be paid at ACV until repairs have been completed or "the expense has been incurred". If you and I work on a claim and agree on $10K for RC and I pay it as:

$10,000 RC
-$ 1,000 Dep
-$ 1,000 Deductible
$ 8,000 ACV

Now if you and I have done this and agreed on it then it takes you six months to do the work and your costs go up to $11K that is your problem. You have a signed contract to do the work for X dollars. If YOU don't get it done in a reasonable time for the agreed on amount, why should the insurance companies compensate you for you running your company poorly. In short, your problem, not ours.

Having said all this, MOST companies will speak to you to determine why the costs have increased and if reasonable, will reimburse you for these costs.

You also want O&P on limited trades (one or two). O&P is due to licensed GC's when the expense is reasonable and necessary to effect repairs. If you have roofers on staff and you do the roof (and that is all or maybe minor paint etc) you haven't EARNED (difficult concept) the O&P. You KNOW there is built in profit in the base costs of an est. The O&P is for the scheduling issues, inspecting the site to insure work is progressing properly etc.

IF you have the men to do the work, and they do it, you haven't acted as a GC. You acted as a ROOFER! Thus, not entitled to O&P.

Last, let's try your creative math again.

First your example of the way it "should" be done:


$10,103.19 Sub-Total
$ 114.67 Material Tax
_________________________
$10,217.86 Sub-sub total
$ 1,021.79 10% Overhead
_________________________
$11,239.65 Total
$ 1,123.97 10% Profit
_________________________
$12,363.62 Basic Business Math Grand Total


Using the same numbers and depreciation (which isn't owed until the work is done per the policy).

The amount due is:
$10,217.86
+$ 1,021.79 Overhead
+$ 1,021.79 Profit
$12,261.44 Subtotal One
-$ 1,000.00 Depreciation
-$ 100.00 Depreciated Overhead
-$ 100.00 Depreciated Profit
$11,061.44 Subtotal Two
-$ 1,000.00 Deductible
$10,061.44 Total due Insured NOW

$ 1,200.00 Depreciated amount due Insured upon receipt of signed contract (depending on company) or work completion.

Total Insured MAY receive from Ins. Co.
$10,061.44 ACV
$ 1,200.00 RC (or Depreciation) Benefits
$11,261.44 Total due upon completion etc.


The ONLY difference now (without the creative math) is the $1000 deductible you didn't include in your numbers and the $102.18 difference between the OWED profit and the profit on the overhead.

Again, obfuscation is your modus operandi. It's amazing what someone who is used to dealing w/ people like you can find when they clear away your song and dance.

To quote a great, "Go away little boy, you bother me".
Subject Posted By Posted On
RE: Roger Poe don
Nov 18, 2009, 3:21 pm
JAMES... RE: Good Hands...My ***- Justice 4 All
Nov 1, 2006, 1:59 am
RE: Good Hands...My ***- James
Nov 1, 2006, 12:50 am
Good Hands...My ***- Justice 4 All
Oct 8, 2006, 1:33 am
RE: Is it legal for a GC to charge OH/Profit on an Ins Premi Roger Poe
Oct 6, 2006, 1:11 pm
Is it legal for a GC to charge OH/Profit on an Ins Premium? Mike
Jun 1, 2006, 12:13 pm
To NKN - Tony - Commenting Is Archived...Forever Roger Poe
May 19, 2006, 12:00 pm
NKN and Tony. Please note, I'm not Martha Kirwin. ClaimHawk
May 19, 2006, 8:10 am
RE: RE: Insurers and adjusters are playing with consumers. Tony
May 18, 2006, 10:25 pm
RE: Charles - Some Records That May Help You And Others Tony
May 18, 2006, 10:19 pm
RE: RE: Insurers and adjusters are playing with consumers. Tony
May 18, 2006, 10:05 pm
RE: Insurers and adjusters are playing with consumers. NKN
May 18, 2006, 9:57 pm
Charles - Some Records That May Help You And Others Roger Poe
May 18, 2006, 8:15 pm
RE: Insurers and adjusters are "abusing" claiments. Charles
May 18, 2006, 6:49 pm
Market Conduct Check List For Allstate-Travelers-State Farm Roger Poe
May 18, 2006, 6:25 pm
RE: Insurers and adjusters are playing with consumers. Roger Poe
May 18, 2006, 5:18 pm
Insurers and adjusters are playing with consumers. ClaimHawk
May 18, 2006, 3:57 pm
RE: RE: Tony - Have You Ever Owned A Construction Business? Tony
May 18, 2006, 1:25 am
RE: Tony - Have You Ever Owned A Construction Business? Roger Poe
May 17, 2006, 6:43 pm
RE: Tony - Have You Ever Owned A Construction Business? Tony
May 17, 2006, 4:55 pm
Tony - Have You Ever Owned A Construction Business? Roger Poe
May 17, 2006, 3:43 pm
RE: Tony - Honorable Insurers-Adjusters Know What Is Truely Tony
May 17, 2006, 2:50 pm
Tony - Honorable Insurers-Adjusters Know What Is Truely Fair Roger Poe
May 17, 2006, 12:40 am
RE: True Replacement Costs Depreciated = ACV Mark H
May 16, 2006, 8:35 pm
RE: Mark H - True Replacement Costs Depreciated = ACV Tony
May 16, 2006, 6:59 pm
RE: RE: Tony - Insurers DO Underpay Claims...In Many Ways Tony
May 16, 2006, 6:28 pm
Mark H - True Replacement Costs Depreciated = ACV Roger Poe
May 16, 2006, 6:22 pm
RE: Tony - Insurers DO Underpay Claims...In Many Ways Mark H
May 16, 2006, 12:14 pm
RE: Allstate Insider -AS 'Knowingly Underpay Every Claim' Martha Kirwin
May 7, 2006, 5:53 pm
Tony - Insurers DO Underpay Claims...In Many Ways Roger Poe
Apr 29, 2006, 8:41 pm
RE: To Tony-From Roger Poe - Partial Facts & False Impressio Tony
Apr 28, 2006, 8:58 pm
To Tony-From Roger Poe - Partial Facts & False Impressions Roger Poe
Apr 28, 2006, 8:17 am
RE: To Mark H- We can afford to pay above the water line + Tony
Apr 28, 2006, 12:55 am
RE: Thanks, Tony Tony
Apr 28, 2006, 12:44 am
Thanks, Tony Charles
Apr 27, 2006, 11:22 pm
To Mark H- We can afford to pay above the water line + Katrina Survivor
Apr 27, 2006, 2:13 pm
RE: RE: RE: RE: RE: KUDOs to Roger & Survivor - To Mark Tony
Apr 21, 2006, 6:02 pm
RE: RE: RE: RE: KUDOs to Roger & Survivor - To Mark Charles
Apr 21, 2006, 5:31 pm
RE: RE: RE: KUDOs to Roger & Survivor - To Mark Mark H
Apr 21, 2006, 1:18 pm
RE: RE: KUDOs to Roger & Survivor - To Mark Roger Poe
Apr 19, 2006, 1:17 pm
RE: RE: GOOD HANDS...MY ***! To -Ed Yukashun Roger Poe
Apr 19, 2006, 12:31 pm
RE: QUESTION ON FLOOD - Questions... Roger Poe
Apr 19, 2006, 12:19 pm
RE: KUDOs to Roger & Survivor Mark H
Apr 19, 2006, 7:46 am
KUDOs to Roger & Survivor Mrs. LB
Apr 19, 2006, 3:12 am
RE: GOOD HANDS...MY ***! Ed Yukashun
Apr 18, 2006, 5:40 pm
GOOD HANDS...MY ***! Katrina Survivor
Apr 18, 2006, 4:26 pm
RE: RE: RE: Roger Poe/Allstate Mark
Apr 18, 2006, 12:30 pm
RE: RE: Roger Poe/Allstate "pulling out" of FLA Charles
Apr 18, 2006, 10:23 am
RE: Roger Poe Gloria
Apr 18, 2006, 3:13 am
Roger Poe Mark
Apr 17, 2006, 8:22 pm
RE: Allstate Insider -AS 'Knowingly Underpay Every Claim' Charles
Apr 17, 2006, 8:15 pm
QUESTION ON FLOOD Hal
Apr 17, 2006, 7:07 pm
RE: To Southern Agent - From Roger Poe Roger Poe
Apr 17, 2006, 4:43 pm
To Roger Southern Agent
Apr 17, 2006, 2:58 pm
RE: Roger Poe - To Jay Roger Poe
Apr 17, 2006, 10:07 am
RE: RE: Rodger -To Hal & Mark H Hal
Apr 17, 2006, 9:41 am
RE: Rodger -To Hal & Mark H Roger Poe
Apr 17, 2006, 9:20 am
Roger Poe jay
Apr 17, 2006, 8:50 am
RE: RE: Rodger - From Roger Poe Mark H
Apr 15, 2006, 5:04 pm
RE: Rodger - From Roger Poe Roger Poe
Apr 15, 2006, 10:43 am
Rodger Bob
Apr 15, 2006, 7:36 am
RE: RE: po po roger Mark H
Apr 14, 2006, 7:12 pm
RE: po po roger semper gumby (always flexible)
Apr 14, 2006, 3:41 pm
RE: Did they pay for wind? D
Apr 14, 2006, 3:29 pm
Did they pay for wind? Jim
Apr 14, 2006, 2:05 pm
quit pickin' on Roger Fore Tune Teller
Apr 14, 2006, 1:41 pm
RE: RE: Allstate ruling (and Roger P.) Mark H
Apr 14, 2006, 1:31 pm
A win for the good guys! Oklahoma Agent
Apr 14, 2006, 1:19 pm
RE: Allstate ruling Hal
Apr 14, 2006, 1:13 pm
Allstate ruling insray
Apr 14, 2006, 1:06 pm
counsel Dr. Men Tal
Apr 14, 2006, 10:12 am
RE: RE: RE: RE: RE: Allstate Insider -AS 'Knowingly Underpa Mark
Apr 14, 2006, 10:07 am
RE: RE: RE: RE: Allstate Insider -AS 'Knowingly Underpay Ev Bob
Apr 14, 2006, 9:48 am
RE: RE: RE: Allstate Insider -AS 'Knowingly Underpay Every Hal
Apr 14, 2006, 8:59 am
RE: RE: Allstate Insider -AS 'Knowingly Underpay Every Clai Andy
Apr 14, 2006, 8:30 am
RE: Allstate Insider -AS 'Knowingly Underpay Every Claim' Jay
Apr 14, 2006, 7:35 am
Allstate Insider -AS 'Knowingly Underpay Every Claim' Roger Poe
Apr 13, 2006, 9:29 pm
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