Class Action Suit Filed in New Orleans Against 15 Homeowners Insurers

June 1, 2006

  • June 1, 2006 at 1:38 am
    Sam says:
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    It appears with all the policy litigation arising out of Katrina that the only reasonable thing insurers can do is completely withdraw from the market in Mississippi, Louisiana, Florida and the Gulf Coast of Texas. Since when does an insurer have to explain to a person living below sea level that the policy, which excludes flood of any type, will not provide coverage in the event a levee breaks or fails? Has this nation on a whole \’dumbed down\’ so much that no one understands the levees are the only thing holding water back? And that if the levee fails for any reason, there is going to be a flood? I just don\’t get it! Carriers withdraw, and let those states deal with their own problems of flood, hurricane, levees, etc.

  • June 1, 2006 at 1:45 am
    Tom says:
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    I\’m not sure exactly what the policy language is, but this argument about the levee breach seems to be nothing more than a major \”red herring\” – the exclusion is for WATER, however caused. The levy breach didn\’t damage the houses, water did.

    All this is going to do is to delay payments of claims for years, if you consider discovery, trial and appeals. The companies are not going to roll over and pay hundreds of millions of dollars for an excluded cause of loss, especially when you consider that no premium was ever collected.

    The recent rulings in federal court in Mississippi clearly uphold the so-called \”flood exclusion\”, and there\’s no reason to believe that a court in a neighboring state will reach a totally opposite conclusion.

  • June 1, 2006 at 2:02 am
    Give the public what it wants! says:
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    Insurers do not need to retreat from the coastal areas.

    Recent press, litigation and the loud expressions from the public demonstrate that the residents in those areas have an insatiable expectation that their homeowners insurance provide coverage for
    flood perils etc. on a truly all risk basis.

    I find it hard to believe that any insurer lacks the actuarial ability to promulgate
    an adequate rate to cover such exposures.

    Admittedly, such a scheme might require dramatic increases (doubling, tripling, quadrupaling? in existing rate structures, but let market forces decide.

    If the public decides that the required insurance premium is not economically feasable, they can make the decision not to insurer their property. In the worse case scenario they would merely suffer the inconvenience of needing to stop by the bank and paying off their mortgages if they elected to violate the mandatory insurance requirements.

  • June 1, 2006 at 3:29 am
    Sam says:
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    To Give…state insurance regulation is charged with making sure rates are ADEQUATE, NOT DISCRIMINATORY and NOT UNFAIRLY EXCESSIVE. If an insurer were to try to charge sound rates for true \’all risk\’ insurance to include flood, the rates would be so high that regulators would not allow them. Take Florida, carriers are increasing rates just to cover the wind exposure, and regulators are not allowing the actuarial sound rates, stating the increases being sought are excessive. Trying to write flood coverage is a no win situation for private carriers, which is why the NFIP has been a federal program for decades.

  • June 1, 2006 at 4:13 am
    The Public says:
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    The public has what it wants, it just choses to ignore it. You can buy a package of insurance policies (or in some cases a single policy) that will provide all risk coverage. Most don\’t purchase that extent of coverage due to cost. Bundling all the perils into a single policy will only result in quicker sticker shock. The public has exactly what it wants, a convenient excuse to not accept responsibility for their decisions. Why do you think the trial lawyers are so happy?

  • June 1, 2006 at 5:00 am
    BWR says:
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    Katrina was only a drill for what is to come. Look at any of the legitimate global warming models and we\’re looking at increased storm intensity from warm surface water temps in the ocean as well as rising oceans. Alaska is melting as is the Antarctic and the rate of melt is increasing at unexpectedly increased rates in recent years.
    If you aren\’t a big enough insurer to do intense diversification and re-insurance you better stay away from the coasts and leave that to the giants of the industry. There seems to be a ridiculous argument about whether this is a natural occurrence or man made (or contributed to) event which seems an absurd place to hang the argument.
    Who cares why it is happening, it is happening; the question is how can it be slowed or reversed and how do we, the insurance professionals deal with this issue from an insurance and financial standpoint. It\’s time to take our heads out of the sand on this issue or get sand in our faces with catastrophic losses and continued lawsuits such as this class-action.

  • June 1, 2006 at 5:58 am
    ClaimHawk says:
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    \”The Amended Complaint alleges a BROAD RANGE of CONDUCT and WRONGFUL ACTS by the insurance company that were designed solely to deny coverage of valid policyholder claims.

    Among the wrongful acts set forth by the policyholders is the insurance companies\’ mandate and directive that its adjusters arbitrarily and capriciously apply any nearby waterline and IGNORE all other relevant information and evidence in order to deny full payment of policyholders\’ claims under applicable \”flood\” exclusions.

    The policyholders also detail the insurance companies\’ failure to follow long-standing legal doctrines by attempting to equate windstorm, storm surge and the negligent design, construction and maintenance of New Orleans area levees with \”flooding\” to exclude coverage.\”
    _____

    Just those consumer [indemnification] issues alone appear to have enough merit for the named law firms to justify their, and the legal systems\’, involvement.

  • June 2, 2006 at 10:02 am
    FCASCPCU says:
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    I have never seen an insurance law that requires that rates not be \”unfairly\” excessive. \”Excessive\” should be interpreted to mean that the premium is too high compared to the potential losses and expenses. If \”excessive\” just means it\’s higher than the customer wants to pay, I think I\’ll call my Insurance Commissioner and whine about how high my (KS) Homeowner\’s premium is because the insurer expects it to be adequate for the tornado risk.

  • June 2, 2006 at 10:27 am
    LL says:
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    Foaming at the mouth only emphasizes the irrationality of your argument. Please leave the cap key alone.

  • June 2, 2006 at 1:13 am
    Plymn says:
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    Anyone else read the article that states New Orleans is sinking faster that originally thought? Apparently the current diking system isn\’t able to handle this. The recommendation is to not rebuild in some areas.

    If the insurers have to go through this type of suit when they deny coverage for flood claims it is yet another argument to no longer write in New Orleans.

  • June 2, 2006 at 2:44 am
    Kimi David says:
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    I am sick and tired of FIGHTING WIND VS WATER. I am sick of the Insurance Industry profiting from American Homeowners then Denying Coverage by blaming water. Like there were no winds during Katrina?
    What blew the roof off the dome? What blew high rise windows out from LA to MS?
    This is betrayal to America and on American Land.
    Want the Truth? The truth is that there will always be rising flood waters during a hurricane. The Ins. Industry very well knows that. It\’s the reason why they put the calculating exclusions for water damages in the policy. Poeple that live on the water or around the water pay higher premiums but will seldom collect.
    Want More Proof?
    Add your Annual Homeowners Ins.Premium.
    Add your Policy Deductible.
    Add your (15% Hurricane Deductible
    Add the fact that the Ins will only pay ABOVE THE WATER LINE.
    MINUS DEPREACATION (Age of roof)
    The Ins still goes to the bank.
    The homeowner looses and gets another guarantee, a rate increase.
    WHAT ABOUT LOSS OF USE?
    SECTION D IN YOUR HOMEOWNERS POLICY?
    THEY ARE SUPPOSED TO PAY A MONTHLY MAX AND ANNUAL MAX AMT. TO THE HOMEOWNER AND REMAINDER OF THE LEASE FOR RENTALS…
    IF YOUR HOME BECOMES UNINHABITUAL.
    SO FAR, I GOT NOTHING….
    THEY SAY IT\’S BECAOUSE OF THE WATER.
    I SAY, PAY US OR LEAVE THE USA.
    WHAT WOULD BE BE LOOSING IF YOU LEFT WHEN YOU DON\’T PAY ANYWAY.
    Take the business away from the
    Ins. Industry, they don\’t deserve it and let the USA Sell Hurricane Insurance. Including wind and or water damages during a hurricane.

  • June 2, 2006 at 4:44 am
    FCASCPCU says:
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    FEMA? yeah, they did such a great job after Katrina I\’m sure they\’d be a stellar insurer.

    I\’m from the givernment and I\’m here to help.

  • June 2, 2006 at 5:52 am
    Kimi David says:
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    I never heard of FEMA…until Katrina.
    Regardless of who did what & when…
    FEMA helped us. I appreciate that.
    If you opened the dictionary to the word Escapegoat, you would find Michael Browns Picture there. My heart goes out to him.
    Can they still blame him for all of the error? He\’s been gone and there are more problems. Never the less, they try to help and they did. I thank them!
    Afterall, none of us was prepared for Katrina. We all had enough time to move everything to another state. This was the worst in USA History and no one is to blame. FEMA came up with the flood money.
    That\’s 100% more than the Insurance Industry did. Not one FEMA Adjuster blamed the damage on the wind.
    How bout that!

  • June 2, 2006 at 6:15 am
    KIM DAVID says:
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    THIS IS AMERICA! THIS IS OUR LAND.
    WE ARE AMERICANS, HOMEOWNERS, LAW ABIDING CITIZENS THAT WORK, PAY TAXES AND OBEY THE LAWS OF MAN.
    WE PAY INSURANCE COMPANIES TO FINANCIALLY PROTECT OUR HOMES.
    NOW KATRINA HIT & BLEW THE COVERS OFF THE INS. INDUSTRY.
    VIDEO EVIDENCE FROM LA TO MS…
    PROVE KATRINA WINDS BLEW TREES DOWN & BLEW ROOF TOPS OFF BEFORE THE WATER ARRIVED.
    STATE FARM INS IN MS DENIED MANY CLAIMS AND BLAMED THE WATER.
    MY OWN ADJUSTER LIED ABOUT HIS EXCUSE TO DENY THE CLAIM. HE SAID AN ENGINEERING FIRM SAID, I HAD ALL WATER DAMAGE.
    MS IS WORST THAN NEW ORLEANS.
    I ASKED HIM FOR THE NAME OF THE ENG. FIRM AND HE STUDDERED. AFTER SEVERAL MONTHS, I COMPLAINED AND STATE FARM SAID THEY NEVER HAD AN ENG. OR ENG.FIRM AT MY PROPERTY.
    THEY SAID THEY WOULD SEND ANOTHER ADJUSTER BUT THAT WAS ANOTHER LIE. THEY DENIED THE CLAIMS BY BLAMING WATER AND THAT IS FALSE.
    THE WINDS WERE 100-200 MPH AND HIT LAND ONE TO FOUR HOURS BEFORE THE DAM WATER!
    THEY ARE TRYING TO GET OUT OF PAYING AND THEY ARE ALLOWING THE GOVERNMENT TO BAIL THEM OUT BUT BLAME US WHEN WE STEP UP TO THE PLATE TO CONDEM THEM.
    THEY NEED TO BE BROUGHT TO JUSTICE AND TRIED BY A JURY.
    WE, THE PEOPLE…HAVE NO RIGHTS.
    A CRIMINAL HAS MORE RIGHTS AND THEY FEAR VIOLATING ANYONE OF THEIR RIGHTS.
    IT\’S TIME FOR AMERICA TO BECOME UNITED-
    AS ONE. WE THE PEOPLE… NEED TO STAND UP AND STAND TOGETHER TO DEMAND JUSTICE FOR ALL. WE\’VE COME A LONG WAY. KATRINA NEVER CARED ABOUT YOUR TITLE, SALARY OR THE COLOR OF YOUR SKIN. I DON\’T EITHER.
    WE ARE PEOPLE. YOU OR EITHER GOOD OR BAD, RIGHT OR WRONG BUT WE ALL HAVE A CHOICE!
    THIS IS AMERICA, LET OUR CHILDREN LEARN FROM OUR MISTAKES SO THEY CAN HAVE A BETTER LIFE.
    IF THERE WAS ANY REASON WHY GOD LET KATRINA DESTROY THIS LAND…
    I\’D SAY FOR ONE…
    DENOUNCE THEM BY NAME. Every corrupt Politician & Corporation shall be Denounced by Name.
    IT\’S TIME TO HELP EACH OTHER.
    WE\’RE IN THIS TOGETHER BUT OUTSIDERS DON\’T UNDERSTAND…and that\’s because
    THIS NEVER HAPPENED TO THEM. I
    BE GOOD TO EACH OTHER, IT\’S A FREE GIFT FROM THE MAN ABOVE. OUR JOURNEY ISN\’T OVER HERE AND IT\’S TIME TO REBUILD OUR HOMES AND LIVES TOO.

  • June 4, 2006 at 9:36 am
    ClaimHawk says:
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    LL-

    If you feel smug by your reply, don\’t.

    Perhaps, instead of a short, arrogant and dismissive reply, you could help clarify why for you feel \’Kim\’ is being \’irrational\’.

    She, and many others like her, need meaningful and helpful dialog, not empty, mocking, rhetoric.

    So..care to help LL?

  • June 5, 2006 at 9:29 am
    LL says:
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    Irene, why would you let your FL clients go without a wind policy?

  • June 5, 2006 at 3:09 am
    Irene says:
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    This worked for me and I hope some of my fellow independent agents can use this to their client\’s advantage. My client suffered Hurricane Wilma damage to their Florida condo. Wind was excluded, therefore the loss was denied. However, my client had two other homes insured in the mid-west. These policies include coverage for wind. I turned the loss in on the Illinois policy as a loss to personal property at another residence. HO3, HO4, HO6 & HO5 have a limitation I used as a source of coverage. The adjuster resisted at first citing \”described & insured elsewhere\”. We all know this as the Inland Marine exclusion and it\’s use was not appropriate here. It took a while but I finally prevailed and delivered a $4500 check. All the direct writers I\’ve checked have the same or similar wording. A company doesn\’t even have to be writing in Florida to be on the hook for the loss. I know this won\’t help everyone, but it helped me to look at the loss from a different angle. A limitation can be an opportunity if you look at it the right way. In this case, more coverge than I needed was available from an unexpected source. Be happy, serve your clients well and do good things.

  • June 6, 2006 at 8:57 am
    Irene says:
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    The account existed before I joined the agency. Checking the file, I saw the prior agent recommended coverage, but the client declined and signed off on it. I can be somewhat judgementmental, so I try not to spend energy second guessing another agent\’s work or the client\’s position. My energies were better spent on what I could do now. What is possible and best for my client? This positive action has already generated referrals that will be good for my production.

    Now, since direct writers have the lion\’s share of the business nationally, I see another opportunity for the Independent Agency System. We can educate the public to turn those losses in properly and get paid. Doing this we would be generate great PR by helping citizens in need and show them the advantages of having an agent vs company employee (AKA captive agent). You can bet State Farm or American Family won\’t be running to start this conversation with the American Public. All those claim payments, however minor, would add up to a vast sum and drive direct writer rates up. My question is who come out the gate 1st and use this opportunity? Will anyone?

  • June 6, 2006 at 3:26 am
    Kim David says:
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    LL,
    Man of the Year!
    Sorry for using caps. Lost my glasses.
    I am not foaming at the mouth and I don\’t need someone like you to \”go out of your way\” to be ugly to me.
    I don\’t need you and I don\’t need charity or sympathy from anyone and I bet my Ovaries are larger than your testicles!
    I use my real name, you hide behind LL.
    Understand that I lost everything in LA and MS. Still paying Bank Notes and Ins for homes that I can\’t live in.
    Lost All Clothing, Antiques and collectibles. My car,Mercedes Benz SLK, had 5 payments left, under water 3 weeks.
    I have been looted about 5 times, Robbed and Ripped off by the Banks and Insurance Companies, RV Dealership, still dealing with contractors and workers that lie, cheat & steal not to omit overcharging.
    Prior to Katrina, I have been stalked by a man for 5 years and now he is back. He just looted all of the lumber that the church salvaged. This will be police report number 13. How much more can one person tolerate before they snap?
    I own an Insurance Agency and I can\’t work right now. Paying rent, advertising, phones and not selling because my plate is overloaded.
    So Please, Excuse Me, but we are in survival mode, in a State of Emergency.
    Whatever you do…Comes back to you!
    Email when you get yours.

  • June 7, 2006 at 9:41 am
    ClaimHawk says:
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    Kim & Irene-

    You and Irene can be confident that you are doing the right thing for others, and yourselves.

    LL types, like all bullies, come, and go.

  • June 8, 2006 at 8:39 am
    Irene says:
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    Thanks for the encouragement. Do you have any ideas on how we can educate the citizens that may benefit if they have policies in states that do not exclude wind? I\’ve contacted the Florida and Louisana Departments of Insurance, but haven\’t had a response yet. I\’ve also written Attorney David Berardinelli, author of \”From Good Hands to Boxing Gloves\” (promises to be an excellent read, but the $295 price is a bit steep)and a couple of other firms whose clients have suffered hurricane losses. I\’ve also tried to get the Tribune to print something on it, but I guess it\’s not exciting or newsworthy to them. I can barely contain myself wanting to spead the information. I\’m going to research commercial property forms to find out if they contain the same extenstion of coverage for companies with multiple locations in various states. ClaimHawk, Thanks again for your kind words, I found them replinishing and a great way to start the day.

  • June 12, 2006 at 5:44 am
    Kimi David says:
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    Don’t you know why you don’t hear about this?
    Mums the word with the Media.
    These Industries bring Big Buck to America.
    From the White House to your local advertisement
    with TV and Newspaper ads.
    Money means power.
    The one with the gold usually makes the rules.
    Who said money talks?
    In America…Money Screams!
    The Insurance Industry, Mortgage Industry,
    Army Core of Engineers,
    Elected Politicians, Red Cross, and
    God only knows what else is being done behind our backs.
    We\’re just the working Americans,
    the law abiding citizens…and without rights!

    We survived Katrina but can we survive
    the Gang Bang after?

    We are down & out and
    our own people are stealing,
    looting and robbing from us!
    We\’ve already lost everything and
    yet they come to pick our bones.

    Is there any Honor left in this Country?
    Only from the Church. Many religions
    But good people came down here in
    Caravans to help us because they cared.
    Many were from Florida.
    They well understood our needs.
    .
    We spend 10 Billion every Month on Iraq.
    Hello…Ground Zero to Washington, D.C.
    Charity Begins At Home!
    We are loosing our children too!
    Without a cause?
    Our USA Military is the finest!
    They are our Children.
    They are our Future.
    What can we teach Iraq when we eat our own?
    Each and every time we loose one of them,
    we loose one of America’s best!
    May I suggest…sending
    STATE FARM TO THE FRONT LINE IN IRAQ
    and SEND OUR BOYS HOME! In All Caps Too!
    .
    I pray that our children learn from their parents mistakes!
    I would gladly live in a tent…
    rather than live in a palace with
    grief of a child.
    One thing that Katrina did do for me was help get my priorities in order.
    She also blew the covers off Corporate America! Where are our Elected Officials?
    The ones we voted for. The ones we elected to represent us? Sold Out?
    Sooner or later they will be accountable.
    Our Only Chance…is if:
    We, The People Unite! Stand up and Stand Together…Demanding Justice for All.
    We would be stronger than every Industry in America. Without us, they have nothing.
    God Bless America,
    because he\’s really mad too!

  • September 26, 2007 at 8:16 am
    PRL says:
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    An article such as this one should list the names of the 15 insurers who are being sued.

  • April 9, 2009 at 1:51 am
    Kim David says:
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    ANPAC (American National Property & Casualty) is the one I am suing!



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