Judge Orders 83 Katrina Claims Cases, Including Sen. Lott’s, to Mediation

By | January 11, 2007

  • January 11, 2007 at 7:33 am
    isabel says:
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    It\’s about time justice was served.
    The judge should be nominated for sainthood.

  • January 11, 2007 at 7:40 am
    dem says:
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    Ok…I\’m waiting to see how many of you Republicans come out against this one. I\’m hoping that I hear the same outrage that I always hear here from you folks that defend the insurance companies…

  • January 12, 2007 at 7:31 am
    Yankee says:
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    This judge is a hometown boy who bent over backwards to ensure a hometown ruling. Do I hear appeal. Things will never change down there.

  • January 12, 2007 at 8:16 am
    Hal says:
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    Doing what is right does not require a party affiliation. When there is a party affiliation it is harder to do what is right because what is right must be tempered with what is good for the party. Cheers for the judge.

  • January 12, 2007 at 8:41 am
    JJT says:
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    Insurance policies tend to be very specific contracts stating what is covered and what is not covered. For covered items, there are usually perils that are excluded. When the wording in a policy is ambiguous, then rulings are made in favor of the insured, as it should be.

    The problem that we have here is that we have judges and polititians who are trying to intrepid policy language that has already been tested through the legal process. If we continue to allow this to occur, these contracts and any other contracts won\’t be worth the paper they are written on.

    The results if this happens could be disastrous for everyone.

    Why would insurance companies want to continue to write business if they didn\’t know what they would be held responsible for?

    And without insurance, what companies could continue to produce products or supply a service?

    And without comapnies to employ us…

    what a vicious cycle…

    So do we settle losses based on the coverages provided for in the insurance contract or?

  • January 12, 2007 at 8:47 am
    Hal says:
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    You are right with that.

  • January 12, 2007 at 11:49 am
    O Say Can U C I\'mLady Libert says:
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    Their Last Names are
    Lott, Taylor, Scruggs & Hood…
    Forever they will be known…
    as Robin Hood

    I\’m not religious but this I see…
    a sign from God… the Almighty.

    Since I was born,
    10 Commandments were read
    \”bearing false witness\”
    is what one of them said.

    Ironic it is…
    \”the good neighbors\” they claimed…
    God had already etched in their name.

    Hit by a Hurricane, a Category 5…
    They blamed the water
    before we even opened our eye.

    They Lied, and tried to cover this up.
    Using their power trying to hush us all up.

    It was Strangers that came from far away.
    This is called the American way.

    I was so happy when I looked up to see.
    It\’s our own… in the USA.

    A Hug & Kiss to everyone.
    All of you that came to our aid.
    Proud to be part of Red, White & Blue.

    Her name was Katrina…
    then there came what was called FEMA?
    I got my FEMA number
    still waiting for a trailer too,

    Oh, Michael Brown we need you,
    FEMA still don\’t know what to do.
    It was God that sent Ole Katrina,
    Mr. Brown it wasn\’t you.

    No one knew this was all God\’s plan.
    Brownie was the sacrificial lamb.

    What hurt us more than loosing it all,
    The shock & betrayal from good ole State Farm.

    They Turned their backs & denied us by name.
    This made me feel ashamed.
    I cried to see the children\’s toys
    but then State Farm even killed Santa Clause.
    We had not home for Santa Clause
    The ultimate betrayal… by one of our own.

    Katrina\’s winds blew so hard…
    she showed us lots of the Theft & Fraud….

    The Industry said it was not the wind,
    but that is why she took homes of the Powerful Men.

    Before it\’s over & in the end,
    I think we\’ll find Katrina, a friend.

    In the twinkling of an eye…
    winds came from the sky…
    I now understand Gods Reason Why.
    Back down to earth is God\’s cry.
    Our family has lost the American Pie.

    This is what God wants us to know.
    It\’s why he let Katrina Winds blow.

    Don\’t you see that he is sad,
    he is tired of watching all of the Bad.

    Seek the Truth & ye shall find….
    What they\’ve been doing all of this time.

    You say they have nothing to hide…
    but now we\’ll see …what is inside.

    The best things in life are free.
    Gifts from God to you and me.

    Love, Laughter , Honor & Truth,
    is the Rx….Not a Vicodin.

    We have to stop and make a new plan.
    Let\’s be honest…things have to change.
    Depression & Addiction all over this land.
    We must go back to God\’s original plan.
    Bring back the honor in American Man.

    Where are our Honorable Men & Women?
    Could you trust One with your savings or ten?

    Ask any woman, they will say,
    it\’s hard to keep one from going astray.
    It just got to be the American way.

    It is not a Democrat or Republican,
    We are all American !
    Justice for all, the American way.
    This was truly called Judgement day,.

    But this is what I want you to know….
    It took Katrina & a few Powerful Men…
    To get the attention of every American
    Live by God\’s original 10.
    .

  • January 12, 2007 at 11:55 am
    KATRINA HOMEOWNER says:
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    Are you people that stupid?

    Katrina was a category 5.
    200 MPH winds

    FLOOD PAID 100% NO DENIED CLAIMS

    INSURANCE COMPANIES
    REFUSED TO PAY $1.00 FOR WIND.

    THEY LIED, THEY CHEATED, THEY GOT CAUGHT.
    NOW THEY PAY.
    SIMPLE.
    1 + 1 = 2 ALL DAY LONG 24/7

    WHAT BLEW THE ROOF OFF THE SUPERDOME?

  • January 12, 2007 at 12:39 pm
    St. Fine Print says:
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    It\’s a fairly simple to me.
    If the policies did not have an exclusion with the exact wording that there would NOT be cover for a \”storm surge\”…then there will be coverage.
    You veterans if the insurance industry know it and so do the lawyers.

  • January 12, 2007 at 12:47 pm
    MEM says:
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    Let\’s check out the definition of flood from our dear ole friends at Mirriam/Webster:

    Main Entry: 1flood
    Pronunciation: \’fl&d
    Function: noun
    Etymology: Middle English, from Old English flOd; akin to Old High German fluot flood, Old English flOwan to flow

    1 a : a rising and overflowing of a body of water especially onto normally dry land; also : a condition of overflowing b capitalized : a flood described in the Bible as covering the earth in the time of Noah

    2 : the flowing in of the tide

    3 : an overwhelming quantity or volume; also : a state of abundant flow or volume — often used in the phrase in full flood

    Now… unless I\’m incorrect… the flowing in of the tide… and a rising and overflowing of a body of water especially onto normally dry land means… that FLOOD is not covered under these policies

    Right or wrong if you have an exclusion in an insurance contract – it is not up to some politician to make nice for re-election

    So sorry for those folks that didn\’t have \”FLOOD\” coverage – maybe some E&O carriers out there should be scratching their heads on their insurance professionals that didn\’t sell the coverage in the first place – or – get a signed statement that they were offered the coverage and they refused to purchase it –

  • January 12, 2007 at 1:47 am
    Hal says:
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    Contract law spills into all kinds of contracts.
    If you hire a maid to clean your house – because you are busy writing notes in a blog rather than helping your wife at home –
    she understands she is to help clean the house, perhaps do laundry and the dishes.
    When you finally get home you throw a fit because the garage and the yard is just how you left it……the garage is part of the house. A messy yard is unacceptable for a nice house.
    – You have expanded the scope of her job. Can your boss\’s logic be far behind?

  • January 12, 2007 at 3:37 am
    Texan says:
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    It seems to me that somewhere along the line, a few carriers forgot to prove that the loss was actually caused by a fl&d

  • January 13, 2007 at 2:12 am
    Honest Conservative says:
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    Republicans have long claimed to support the sanctity of contracts. The insurance contracts in question *do* cover wind damage, even if there is also water damage. Any honest Republican will stand shoulder-to-shoulder with the judge in demanding the insurance companies honor their contracts as written.

  • January 13, 2007 at 2:24 am
    Read the Contract says:
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    Where do the contracts say that wind damage is excluded if there is also flood damage?

    These suits address questions of fact: how much covered wind damage was caused by 200mph gusts before the storm surge ever got there?

    Some, but not all, insurers have claimed that it was all flood damage, or that it was impossible to tell how much was wind and how much was flood.

    Nobody believes it was all flood damage — high rises and buildings on high ground suffered massive wind damage and the surge never reached them.

    So that leaves mixed damage. If the insurer cannot show what damage was caused by flood instead of wind, the contract must be interpreted in favor of the insured.

    If the industry wants to exclude losses caused by a combination of wind and flood, it needs to develop an exclusion that says the whole loss is excluded, rather than just the damage from the excluded peril.

  • January 13, 2007 at 2:27 am
    Ex-State Farm Homeowner says:
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    Katrina was actually caused by wind.
    It was wind that blew the water.

    All Flood Claims were PAID!
    Bless our USA.

    The Fight is for denying wind damage.
    After paying premiums w/increases every year.
    Added Deductibles on top of Deductibles
    Then Only Covering Above the Water Line…
    Despite all calculating water exclusions,
    This my friend…. you will see.
    Katrina & Scruggs stopped Piracy.
    All they did was lie & deny…
    Then they left us out to dry.

    They lied and said there was no wind,
    to prove our point, they have just began
    Now they say, they will not cover wind.

    This is not about water or flood….
    We paid S/F to protect our home.
    Hurricane damage is covered they said,
    they even added 15% of the policy that read.
    When Katrina hit our land…
    State Farm hit us worst than the storm.
    Denied all claims and to me
    is called just like Piracy.
    LOSS OF USE:
    IF YOUR HOME IS UNINHABITABLE,
    average Policy pays a few thousand per month-
    with a cap of say $50,000.
    Some lied & said,
    you did not have that benefit.

    Thanks to Scruggs & strong honest men,
    They have helped put it together again.

    Many of you do not know,
    Mr. Scruggs has paved the way for you.
    What you really cannot see.
    Denied winds from Hurricane Katrina…
    The worst disaster in America!
    Think they will pay you for something less?

    Loss of Use Benefits S/F also Denied.
    they used Mr. Water as a disguise.

    The truth shall prevail…
    and by golly she did.

    What many people failed to see…
    State Farm has cheated all of thee.

    THEY CAN\’T DO THIS IN AMERICA!
    Send them to Iraq and let them sell there.
    We can live without them.
    SELF-INSURED BY CITY & STATE
    FEMA will be there if we make mistake,

  • January 13, 2007 at 2:45 am
    Self-Insured I Quit them all says:
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    They should not sell Insurance any more.
    We paid them to financially protect our homes.
    A category 5 and now they want to run & hide.
    We pay higher premiums than flood.
    they added 15% Deductibles + More.
    Once a hurricane is declared…
    We have to meet deductibles again.

    No Water, No Surge, No Waves
    and No Wind…
    Wake up America….
    I can\’t take this Piracy any more.
    What do we need them for.
    They sell hurricane protection but will no cover water, surge, waves, wind driven water or wind damages.
    DUH….
    Did you feel the 2 X 4 hit you in back of your head.
    How stupid do they think we are?

  • January 15, 2007 at 10:43 am
    southerner says:
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    honest conservative, the truth has never been stated any clearer

  • January 16, 2007 at 7:44 am
    Insured by Snake Farm says:
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    It\’s time for the Agents & their Errors &

    Omissions Insurance to get a spanking too.

    I am sick of deception & betrayal.

    Time to clean the house, for sure.

  • January 16, 2007 at 9:10 am
    Hal says:
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    So, who are you going to buy insurance from next time?

  • January 16, 2007 at 10:41 am
    Bud says:
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    I hate to see the posts written by consumers. Terms like \”hurricane coverage,\” These people are so dam stupid and confused and they know nothing about insurance – And they never read their policy – Its sad

  • January 16, 2007 at 11:23 am
    Hal says:
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    30 years ago the insurance agents in the Dallas and Ft Worth area made offers to the public school districts to develop an insurance course for high schoolers. We would provide people to teach the course if they wanted. No specific company information would be allowed, so it would not be a sales opportunity.
    It all fell on deaf ears. People would rather learn about insurance after they are in trouble.

  • January 16, 2007 at 12:30 pm
    Ripped off by insurance says:
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    I know a better course to teach in high school-\”How to avoid being ripped off by insurance agents\”.

  • January 16, 2007 at 1:35 am
    Hal says:
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    THAT was part of the course material. If you know nothing about insurance, car loans, shopping for oranges….If you know nothing about anything you will never come out OK.

  • January 16, 2007 at 1:36 am
    bob laublaw says:
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    you will only / can only be ripped off by \”bad insurance agents\” if you are too stupid or ignorant to learn about the product you are buying. Same goes for anything else in life. Seems to me the person being \”ripped off\” is the village idiot.

  • January 16, 2007 at 1:45 am
    Survivor of STATE FARM says:
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    Do you know of any Agent that called

    One Client to offer an explanation of

    benefits….when their loyal clients were

    homeless from Katrina?

    Did they tell you about the LOSS OF USE

    benefit, that pays about $50,000 avg to

    the homeowner, if your home becomes

    inhabitable?

    State Farm denied this too.

    \”your home is uninhabitable because of

    the water\”

    The only people that were schooled with benefits were the Agent\’s Friends/Family.

    Sad but true, your agent will call when

    they receive a lapse notice…

    Strangers, our fellow Americans,
    gave millions & drove in on busses, trucks, cars in caravans….
    Red, White & Blue came running to our aide.

    Those Good Neighbors….denied & walked away.

    Thank you Sweet Jesus because now they\’re going to pay.

    This is really called JUDGEMENT DAY.

    Now, I know just how the black folks felt backe in the 50\’s.

    When they were rejected & denied.

    Did America ever apologize?

    Well, I have to say I\’m sorry.
    even tho I was a child.
    we have come a long, long way.

    Now it\’s not about the color of your skin, we all were treated this way.
    God sent Katrina, to expose all kind of fraud.
    We\’ve just begun to fight.
    United we Stand….
    been divided on this land
    in too many ways…
    It\’s time we take a stand…

    GOD BLESS AMERICA ……….

  • January 16, 2007 at 2:12 am
    Hal says:
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    It takes a very talented agent to get people to buy based on coverage. They almost always drop back to the best price.
    Do you have any magic suggestions?

  • January 16, 2007 at 4:24 am
    cathy says:
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    I would like to say I read the fine print on everything. I don\’t. If I read the fine print on everyhing I would not have a life. Not everyone has all knowing knowledge on everything. I was stupid to trust my insurance company to consider me as a human. I know now it is all about the money.

  • January 16, 2007 at 4:31 am
    Hal says:
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    As we are all finding out, it doesn\’t matter what the policy says or what the company meant the policy to say, it matters what the court says the policy says. (see mold hoohaa from a few years ago)
    SO, in order to know what the policy says you also need to know the applicable case law.

  • January 17, 2007 at 8:12 am
    Hal says:
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    So, I ask again. Who will you buy insurance from next time?

  • January 17, 2007 at 8:16 am
    Tired says:
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    Cathy, by not reading the fine print of everything does that mean you should not be held to the terms and conditions of a document you signed?

    What this ruling means is that Mississippi will have more difficulty rebuilding than they currently are. If the verdict stands, it will not be long before companies withdraw from ALL markets, not just property. The loss of auto premiums will balance the $2.5 million punitive in this case, and the potential in others.

    The only losers will be the residents in the state of MS. Good luck to the plaintiffs in this case in finding someone to insure their mansion they build with the profits from the verdict!

  • January 17, 2007 at 9:56 am
    Taking Matters In Our Own Hand says:
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    I propose the following options:

    1. Fema can sell 1 policy
    HURRICANE INSURANCE
    Covering any & all damage from a storm,

    hurricane,hail, sleet, mold,Wind,

    Collapse, Wind, Wind driven water, Flood,

    spray, surge, waves, and all damage
    resulting from nature or natural disaster.
    or

    2. become Self-Insured by city/state

    Assessors Office already has property descriptions. This will audit taxes too.

    If we get hit before enough money is in escrow….
    we simply let FEMA STEP IN….
    like they have been doing for the Insurance Industry for years.

    Katrina blew their roof off too.

    Homeowners can save money
    and have a policy that
    includes all of the exclusions…
    Homeowners will have financial protection.

    No commission, No Overhead
    Tax office is already there.

    The city would make so much money…
    they would not be able to count it.

    3. Regulate the Industry,
    if we let them stay.
    No more exclusions for wind, collapse.
    No hurricane deductibles when they
    will not pay for hurricane damage

  • January 17, 2007 at 10:41 am
    Hal says:
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    That\’s a great idea. An un-funded insurance scheme with a definite plan for failure to pass the big bills off on the rest of the country. All under the guise of \”take it in our own hands\”. Oh, the humor of it all.

  • January 17, 2007 at 12:33 pm
    Good Hands.... M y As s says:
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    Not one dollar was denied by FEMA
    Not one dollar did Flood blame wind

    Adjust this!

  • January 17, 2007 at 2:18 am
    bob laublaw says:
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    I agree Hal. The \”taking matters in our own hand\” person is smoking some seriously good stuff. Ah to be so Polly Anna again.

  • January 18, 2007 at 4:17 am
    Kim David says:
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    To: All of the people that is saying

    Katrina Victims are stupid for not

    reading their policy;

    and they are too stupid to understand it anyway….

    Dear Fellow American…

    You sit back & point your finger at other Americans

    when a Natural Disaster destroyed their lives & homes.

    We are talking about Working Americans, that paid for

    Hurricane and/or flood to financially protect their

    home in the event of a catastrophic disaster.

    World Book describes Hurricane Katrina
    as the worst natural disaster in US history.

    All claims denied – All Flood claims paid.

    Shame on you. You really think that you are better than?

    You think you are the wiser?

    Make no mistake about it,

    If you really did read and understand your policy….

    & bought it…..You are Really Stupid.

    That makes you Super Stupid!

    Nothing in the policy will provide you with
    financial protection.

    E X C L U S I O N S:
    Collapse, Mold, Termites,
    Structural Damage, Water, Rain,
    Tornadoes, Cyclones, Storm, Spray, Hail,
    Wind Driven rain or overflow + more.

    They have excluded just about every thing
    possible that could damage a home.
    every year there is another added exclusion.

    minus they Only pay above the water line
    minus depreciation
    minus 2 Deductibles.

    We got ours…& you will get yours.

    I guarantee that you will get the
    opportunity to find out how we felt.

  • January 18, 2007 at 4:58 am
    Hal says:
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    No answer yet.
    Who are you going to buy your next insurance policy from?
    Well over 90% of claims have been settled now. That really isn\’t bad considering that 15% of the population is never happy with anything.

  • January 18, 2007 at 5:40 am
    Kim David says:
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    I am still paying the Good Neighbors…
    State Farm in Bay St. Louis
    AND
    ANPAC in New Orleans.

    Received $0.00 from either company.

    Been Fighting, Screaming & Kicking too.

    Can\’t live in any of them but still paying Insurance & Mortgages too.

    My question now is since we won the battle

    we don\’t want to loose the war.

    What is the next best step for MS Katrina Homeowners?

    Should we get a Lawyer, Join MS A/G class action suit, settle on our own?

    Why pay 1/3 to a Lawyer if State Farm is going to settle?

    Meow! Something has to change and
    before we have to go thru this again.

  • January 27, 2007 at 5:17 am
    Is mediation worth it? says:
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    For those of us who went through mediation (and still did not get paid for structural damages, only additional living expenses), there is no recourse through the recent announced settlement to reopen our cases. Judge Senter and Commission George Dale both recommended mediation, but now, we will be left out.

  • January 27, 2007 at 5:38 am
    Lost A Home 4 the 3rd time? says:
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    No Sturcture
    No Living Expense
    No Contents
    All Denied by State Farm

    No Lawyer, No Mediation.

    No Rights?

    We may loose the same house for the 3rd time?
    What should we do?

  • March 19, 2007 at 10:43 am
    Had Enough of False Policy says:
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    Make they spell the benefits in English.
    Make they explain the exclusions without confusion.

    Don\’t let them sell Hurricane Insurance without Hurricane Benefits.



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