Federal Court Upholds Nationwide in Katrina Storm Surge Case

By | September 4, 2007

  • September 4, 2007 at 9:47 am
    Gut the Gills says:
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    What sucks is…
    State Farm, etal, still refuses to clearly write the explanation of benefits on the first page of the policy.
    They will continue to use deceptive layouts with hidden exclusions and still Americans will pay for a policy without coverage.
    In Our Own Hands….
    Buy Flood….Screw paying for a Homeowners Policy that is not worth
    the paper it is printed on.

    Gill, you won a battle but the war is not over….We’ve just begun this fight!

    I am sure the homeowners that have had earthquakes, mud slides, will join in when they find the hidden exclusions for their disasters.

    It’s a matter of time before Americans demand a fair policy or else.

    If you know how much money is involved with the Insurance Industry, you will understand why they are protected with power from the Political Rings.
    Why do they protect the crumbs when each state can have the whole loaf of bread.
    I am still trying to get MS to become Self Insured by City.
    It’s a win..win situtation.
    If we get a hit before enough money is in escrow, we simple let the USA help us as they have done for the Ins Industry for so many years. We can also get the grant money and we will never pay another cent to the pirates that abandoned us during our one time of need.
    You do suck…real hard core too!

  • September 4, 2007 at 10:15 am
    Kim David says:
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    Mr. Scruggs…You are knows as
    THE PEOPLE’S HERO.
    The only ones who hate you are the ones you sued. Can’t serve to masters like the Insurance Industry successfully done for so many years.

    You make Perry Mason look like a bad Lawyer.
    You were the only man that had the balls to take this Industry on
    and MY GOD, YOU WON!
    SWEET BABY JESUS IS ON YOUR SIDE.
    After All, We are all God’s Children.
    He sees WHAT THEY’VE BEEN DOING TO US & HE’S IS HURLING WIND & FIRE ALL OVER THIS LAND.
    Still, they are trying to get out of the trap and pulling strings to get from behind the 8 ball.
    Make no mistake about it….
    we will have more Katrinas. I’m sorry to say but If this Industry does not clearly print the Benefits on the front page of the policy…you will win each & every time you step up to the plate and swing.
    They are definant & arrogant.
    They have pulled the wool over the heads of all policyholders and now they are eating their own Agents by denying sales of new policies.
    Who do they have left?
    Seems like only the Political Ring and the elected officials are quiet as a mouse,therefore you can bet they will not
    be re-elected by the policyholders who VOTE!
    Example: MS Insurance Commissioner
    You are either for the people
    or against them.
    It’s your choice!

    Tip to Elected Officials….
    We know the names of the Officials who fought for us.
    we Voters…don’t forget!
    When it’s time for your re-election….
    we will smile in your face and be kind.
    As you did to us, behind the curtain, we will not know your name.

  • September 4, 2007 at 10:37 am
    Dodger says:
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    What are all these hidden exclusions that are spoke of in the below posts? Are those the exclusions that are in black and white under EXCLUSIONS: Losses we do not cover, on those pieces of paper shoved in the back of a drawer in my garage? Just because you didn’t read it, doesn’t mean that it isn’t there.

  • September 4, 2007 at 10:51 am
    Anon says:
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    “This ruling will have no effect on our remaining cases pending in Mississippi state and federal courts, because all of the damage in those cases was caused exclusively by wind before any water arrived…”

    Translation: “We’ll just keep suing anything we can that sounds like an insurance company, eventually someone will pay, we’ll call it a victory, Adjuster Joe will call us heros, and we’re bound to get rich (if not more famous) from it. This is way better than slipping business cards through the back door of ambulances!”

  • September 4, 2007 at 10:53 am
    Anon says:
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    So now we have to put it on the front page? How large is that page allowed to be?

    What difference does it make it it’s on page 1, page 10 or Page 443, subsection B, Title 13, Article 145, of Paragraph 10 in Clause Amendum 8… you whiners aren’t going to read it anyway.

    Fact of the matter is, any time there’s actual ambiguity in an insurance policy, courts have ALWAYS sided with the policy holder. I’ll even support that (write that on your calendar). The insurance companies typically have much more powerful and well prepared attorneys than do policyholders, therefore I’m all for a court sideing with the little guy when a company has failed to clearly define their obligations.

    In this matter though… you’re out of your gord. These people aren’t suing because of an ambiguity… they’re suing because they gambled, and lost, that this wouldn’t happen to them. They opted to not purchase coverage to protect themselves and their assets in such a (predictable) event. Now, like Americans are famous for, they’re trying to find a payout. The governement is tapped out so now they’re trying insurance companies.

    Guess what… THIS TIME the companies are generally doing what they are contractually obligated to do. Sure, there’s been some problems (usually a few thousand here, a few thousand there, and generally when there’s been debate what was caused by wind vs water), but overall…

    I don’t have flood insurance. I’m gambling that I don’t need it. If, God forbid, my house floods… I’m screwed and I know it. I’m not going to try to re-interpret a contract after the fact to get money I don’t deserve. That’s like the idots trying to undo the Electoral College because they don’t like the outcome.

  • September 4, 2007 at 11:06 am
    Gill Fin says:
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    That dirty old commissioner went and once again, hid the exclusions. Bet he won’t get re-elected. Now why would Gill curse the commissioner to the hinges of hell?
    Because he obviously hid the exclusions from our most learned posters noted herein. If this august group can’t find them how could a plain old dumb, really dumb, would have to be absolutely incapable of self sufficiency and living in government housing dumb find them? In my state, the commissioner approves all the contracts made available to the public. Thats so the consumer can shop reasonably between companies and know the terms and conditions are comparable. Those of you who complain about my industry with no idea of the checks and balances, and are too lazy to learn, wouldnt know that. I just went over page 12 in the homeowners booklet today with a client, the part about ‘losses not insured’ so he could understand how we treat wet rot/dry rot and leakage or seepage of water from any source. I find that by actually reading the contract I better help my clients who are trying to best figure out how to protect themselves.
    That is probably different than you socialists who 1) wouldnt read a policy if it kicked you in the teeth and 2) couldnt understand it anyway with your grade two reading level (sorry second graders). Your type, and I help many like you in my office regularly, thank goodness for them, wants to provide everything for all, I guess so you somehow feel good by proxy. As for the blathering about exclusions and earthquake, I have paid total loss claims from earthquakes. In fact, haters, I have photos on my desk of a home we rebuilt with earthquake coverage for a retired single woman. The absence of proper service from my office 15 years ago would have resulted in her not owning her home as planned after retirement. Because we TAUGHT HER what she needed to know she not only purchased earthquake coverage but chose an appropriate amount of dwelling coverage. That is why she always has a smile when she sees me.
    Go ahead, spew your nonsense, for why I will never know. If you really wanted to help people you certainly could try education. But that would require educating yourselves. So much for that idea.

  • September 4, 2007 at 11:42 am
    Dodger says:
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    I found it! I found it! I was using my policy as a bath mat to catch water running down my moldy walls from a pipe that has been leaking from last winter. I guess I must be covered since there are none of these exclusions that you speak of on the front page. One question. What are all these other pages for? Forget it, its just a bunch of numbers and letters. I know I’m covered I told my agent that I wanted FULL COVERAGE.

  • September 5, 2007 at 12:05 pm
    Kim David: A Scruggs Client says:
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    Glad to hear the way you guys on the inside think about THE stupid policyholders.

    Can’t wait to make you eat your words in a courtroom, in front of the jury.

    Scruggs, GET the Names of these wise men who write comments like this.

    Freedom of the Press is so American.
    I would like to use this as evidence when my trial comes up.

    Congratulations for hanging yourself,
    and…….. see ya in court.
    I will know who you are when I see you.
    You will have a foot in your mouth.
    Your loyal Industry may terminate your contract and
    the state may take your license too
    because you are going to cost them a lot of money
    and embarrassment too.

    Keep bashing the Policyholders….
    they need to find out what you think about them.
    Bad enough you failed to explain the benefits to your clients
    and you failed to tell them that there is not such thing as
    Hurricane Insurance. You made extra commissions when
    you sold them the Hurricane Deductible Wavier.
    A clear case of Greed & Deception face to face.

    You are about as loyal as a rattle snake!

    Hide from God
    but you can’t hide from a man named Scruggs…

  • September 4, 2007 at 1:08 am
    Patriot says:
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    Those boys, the scruggs, want to rip off all insurance companies along with their brother-in-law Trent the Lock aka U.S. Senator and move to fat cat city.

  • September 4, 2007 at 1:13 am
    Patriot says:
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    It is believed in Alien circles that the Scruggs clan want to follow in the foot steps of their Hero “Edwards the HAIR” now running for El Presidenta positon.
    They reason, if he can sue doctors and hospitals out of existence they could make headlines wrecking the insurance industry.
    Who said it that society would be much better off if that society killed off all lawyers. He was just ahead of his time by about 1500-2000 years. Where is he NOW?

  • September 4, 2007 at 1:47 am
    Realist says:
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    FAT TICKS ON A SLIM HOUND

  • September 4, 2007 at 2:02 am
    H. Simpson says:
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    D’oh!

  • September 4, 2007 at 4:20 am
    Gill Fin says:
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    Where are the insurance haters who try to
    convince us that we all suck? Oh, I guess the judge sucks too.

  • September 5, 2007 at 7:17 am
    Nobody Important says:
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    I love that comment. When the MS elected judge caves to the voters by ruling against the company he is dealing justice. When an impartial judge rules based on facts, strings were pulled. You have always posted idiotic messages, but this is an example of your lack of knowledge and judgement. I don’t think you are nuts like some do, just poorly informed on how an acutal contract works. READ THE CONTRACT, THE PROVISIONS WITHIN THE LEGAL CONTRACT SHOULD PREVAIL. The real judge ruled based on this and in the end any real judge will uphold this new ruling. Anything can and will happen in the court system, but I have faith that acutal law will prevail in this case. If you think today’s contracts are hard to read, go back about 30 or 40 years. They were legal, but only an attorney could actually read them. These contracts are actually quite simple. The problem is that the legal system makes everything complicated in the end.

  • September 5, 2007 at 7:17 am
    Nobody Important says:
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    I love that comment. When the MS elected judge caves to the voters by ruling against the company he is dealing justice. When an impartial judge rules based on facts, strings were pulled. You have always posted idiotic messages, but this is an example of your lack of knowledge and judgement. I don’t think you are nuts like some do, just poorly informed on how an acutal contract works. READ THE CONTRACT, THE PROVISIONS WITHIN THE LEGAL CONTRACT SHOULD PREVAIL. The real judge ruled based on this and in the end any real judge will uphold this new ruling. Anything can and will happen in the court system, but I have faith that acutal law will prevail in this case. If you think today’s contracts are hard to read, go back about 30 or 40 years. They were legal, but only an attorney could actually read them. These contracts are actually quite simple. The problem is that the legal system makes everything complicated in the end.

  • September 5, 2007 at 7:18 am
    Noboby Important says:
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    Sorry for the duplicate, I have really slow dial up at home.

  • September 5, 2007 at 7:21 am
    Nobody Important says:
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    By the way, most people don’t post real names here. I have found that many (not all) of the people that choose to post real names are arrogant jerks. Take that as you will.

  • September 5, 2007 at 7:52 am
    Anon says:
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    How do I really feel about my customers, Ms David? That depends on the customers you refer to.

    Are we talking about the customers willing to clear an hour or so out of their day to be educated on what they are purchasing, what perils are covered, what risks are not covered, what gambles they’re taking (or willing to take)? Are we talking about the people who come to me understanding the importance of insurance and the protection it affords? Are we talking about the people who view it as protection of the things that matter in their lives?

    Or are we talking about the people who want me to sell them “Full Coverage” at a rate less than company X (and preferably less than their friend who mysteriously has EXACTLY the same demographic profile as they do)? Are we talking about the customer who rudly shouts at me “Look, I’m not an idiot, I understand Hurricane Deductible Waiver, just write the policy” while he’s talking on his cell phone in my office? Maybe its the customer who buys state minimum liability for his auto despite being able to double that amount for $10 more but won’t give me the opportunity to explain that since I’m just trying to increase my commission.

    Or we could be talking about the guy who uses his policy contract to line his kennel floor.

    Be a little more clear about which customer specifically I’m “screwing”. Also, let me know exactly what my customer’s obligation is… this is a contract and you’d better make sure you know what you’re signing.

  • September 5, 2007 at 9:24 am
    Mark says:
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    So let me get this straight: You’re equating God with Dickie Scruggs? Or are you actually saying that Dickie is MORE powerful than God? Wow. You’re crazier than I thought.

  • September 5, 2007 at 9:26 am
    Another Anon says:
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    Kim, please explain exactly where Scruggs won? The article points out that the 5th Circuit Court of Appeals overturned the ruling. What don’t you understand about this? Scruggs states in the article he is going to appeal. If this is a win, why would he appeal. Quit ranting & raving, learn about insurance and then come back for a rational discussion of issues.

  • September 5, 2007 at 9:39 am
    adjusterjoe says:
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    Just for your edification, the Mississippi judge (Senter) is an appointed federal judge from the small NORTHERN MISSISSIPPI community of Aberdeen. He has been on the bench for over 30 years, and if you check his record, he is respected on both sides of the aisle.

  • September 5, 2007 at 9:40 am
    Gill Fin says:
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    These cannot be real postings from a real
    human. They have to be contrived offerings from an Insurance Journal janitor or landscaper who snuck into the building to update their myspace page.
    No real american, who has been paying attention the last 40 years, would look to a trial lawyer for salvation. LOL.

  • September 5, 2007 at 9:47 am
    Nobody Important says:
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    Kim David writes this type of post frequently. She rambles on about evil insurance companies and how we will be sent to jail or whatever. It’s really best to ignore her rantings. Let’s concentrate on the people who post legitmate questions or comments rather than the raving lunatics like Kim. Skruggs is a political hack. In that state it makes him the peoples choice.

  • September 5, 2007 at 10:31 am
    Kim David says:
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    Thank you Adj Joe, I am glad to see that some people will state facts.
    The problem is these people don’t want the truth to be told.
    Every time I mention facts about deceptive tactics used by the Industry,
    they try to discredit me.
    I am crazy, insane, looney, etc.
    What else could they do to deny the truth?
    They can say what they want about me.
    I would rather be called names than be deceived with a false policy.
    I speak the truth.
    Prove me to be wrong and I will shut up.

    Do you think that I would leave my real name and state my opinion if I were lying.
    I would be sued for slander.
    I have NOTHING to hide. I never sold anything that was untrue and I would never deceive my neighbor, or cheat a friend and the last thing I would do is deceive my clients or insult them.

    Your clients feed your face and they provide for your family.

    State Farm should be sued for false advertisement alone….
    Pardon me, but They are Rotten Neighbors!

    What bad words did I use that offended you? Balls? Must be because you don’t have any! My ovaries must be larger.

    If you can’t admit the truth, be quiet and don’t rock the boat.

    The LA courts are booked until 2008 with Homeowners suing Insurance Companies because of Katrina denied claims.
    These are Homeowners…All Successful!
    To: Mary
    The Homeowners all have teeth.
    If they don’t have real teeth they have enough money to buy them and they don’t have to cheat a neighbor for commission.

    Keep kicking us and making fun of us.
    That only makes me more determined to bring you to your knees.

    To: Nobody Important
    You can’t send an email properly.
    Then you blame your computer for being too slow. Obviously you don’t have enough money to buy a decent computer or once again you are pointing the blame in another direction.
    I guess broadband is way out of your league!

  • September 5, 2007 at 4:40 am
    Kim David says:
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    YOUR OBLIGATION TO YOUR CLIENT IS TO
    EXPLAIN THE BENEFITS TO THEM.
    HOWEVER, IF YOU WOULD CLEARLY EXPLAIN THE BENEFITS…YOU WOULD NOT HAVE CLIENTS BECAUSE THEY WOULD NOT PAY FOR A POLICY WITHOUT COVERAGE.

    THE COMPANY MAKES YOU ABIDE BY THEIR RULES IF YOU WANT THE POLICY ISSUED AND YOUR LOYALTY IS TO THE COMPANY AND NOT YOUR CLIENTS.

    SINCE INSURANCE IS NOT THE BUSISNESS OF THE HOMEOWNER, THEY TRUSTED THE AGENTS CONTRACTED BY THE TOP 5 INSURANCE COMPANIES IN THE USA.

    HOMEOWNERS ARE NOT UNEDUCATED PEOPLE.
    THEY ARE SUCCESSFUL ENOUGH IN THEIR OWN BUSISNESS TO BE ABLE TO BUY A HOME.
    BIG MISTAKE THEY MADE!
    TRUSTING YOU AND
    THE COMPANY YOU REPRESENT.

    AFTER THE INSURANCE COMPANIES DENIED KATRINA CLAIMS, THEY USED THEIR POWER & MONEY TO DEFEND THEIR FINANCES IN COURT.
    WANTING TO WIN BY ALL COSTS.

    THANKS TO A FEW GOOD MEN IN MISSISSIPPI FOR EXPOSING THE TRUTH.

    LOUISIANA POLITICIANS DO NOT CARE ABOUT POLICYHOLDERS BECAUSE THEY ARE ONLY CONCERNED ABOUT STUFFING THEIR OWN POCKETS.

    COULD THIS BE THE REASON WHY THE LAST THREE LA INSURANCE COMMISSIONERS WENT TO PRISON?
    WHO BRIBED THEM ?
    IS THE THE M.O. OF THE INS INDUSTRY?

    THE MEDIA SOLD OUT THE POLICYHOLDERS TOO.
    THEY REFUSES TO REPORT FACTS ON THIS PROBLEM AND WE NOW UNDERSTAND WHY
    THEY SHY AWAY FROM TELLING THE TRUTH.
    THE INSURANCE INDUSTRY SPENDS BILLIONS IN ADVERTISING.
    AT LEAST THE MEDIA IS LOYAL TO THEIR CLIENTS…UNLIKE THE INS INDUSTRY.

    INSPITE OF ALL OF THE BETRAYAL TO YOUR CLIENTS….YOU THEN CALL US STUPID RED NECKS THAT ARE TOO STUPID TO READ THE POLICY AND THEN WE COULD NOT UNDERSTAND IT IF WE DID READ IT.
    MR BIG STUFF….
    IF YOU BOUGHT A POLICY AFTER YOU READ & UNDERSTOOD IT, THAT MAKES YOU MORE STUPID THAN THE POLICYHOLDERS WHO DID NOT READ OR UNDERSTAND IT.
    YOU TOO…BOUGHT A POLICY THAT WAS NOT WORTH THE PAPER IT WAS PRINTED ON.

    PEOPLE WHO LIVE IN COASTAL AREAS PAY HIGHER PREMIUMS BECAUSE OF RISING WATER…
    YET THEY WILL NEVER COLLECT ONE CENT.

    IT IS IMPOSSIBLE TO HAVE A HURRICANE
    WITHOUT WIND AND RISING WATER IN A COASTAL AREA
    & THIS IS THE REASON WHY
    THE HIDDEN EXCLUSIONS WERE ADDED TO THE POLICY.

    DID YOU EXPLAIN TO YOUR CLIENT THAT IF
    THEIR HOME WAS FLOODED DURING A HURRICANE,
    THE POLICY WOULD NOT PAY?

    DID YOU PHONE OR TRY TO CONTACT YOUR KATRINA CLIENTS AND EVEN OFFER LIVING EXPENSES TO THEM?
    NO…BECAUSE YOU WOULD LOOSE YOUR CONTRACT WITH THE COMPANY.
    WHY DIDN’T AGENTS TRY TO ASSIST THEIR CLIENTS DURING THE WORST DISASTER IN THE USA?
    DID THEY FOLLOW COMPANY POLICY?
    IGNORANCE OF THE INSURED IS
    A GREAT MONEY MAKER FOR THE INS INDUSTRY.
    THAT IS NO SECRET!

    I AM IN THE INSURANCE BUSISNESS AND I FEEL MISLEAD.
    I ASSUMED THAT IF I PAID FOR A $200,000 HOMEOWNERS
    POLICY AND ALSO PAID FOR A $250,000 FLOOD POLICY…..
    I THOUGHT I HAD A TOTAL OF $450,000 INSURANCE
    IF MY HOME WAS DESTROYED BY A HURRICANE…WIND OR WATER.
    LITTLE DID I KNOW, THIS WAS CONSIDERED DOUBLE DIPPING
    & YOU CAN’T COLLECT ON BOTH.
    YET WE PAY FOR TWO SEPERATE POLICIES WITH
    TWO PREMIUMS AND PAY 3 DEDUCTIBLES.
    LETS NOT FORGET THE TACTIC CALLED DEPRECIATION THAT
    IS ALSO DEDUCTED FROM THE BENEFITS!

    HOW MANY AGENTS EXPLAINED THIS TO THEIR CLIENTS?

    I OWN HOMES IN LA & MS, INSURED BY DIFFERENT COMPANIES.
    FLOOD PAID 100% WITHOUT QUESTION.

    I WAS FORCED TO SUE BOTH INS COMPANIES BECAUSE THEY EITHER DENIED THE KATRINA CLAIM OR TRIED TO PAY FIVE CENTS ON THE DOLLAR.
    LIVING EXPENSES ALONE WAS A BATTLE IN ITSELF AND LOSS OF RENT SEEMS IMPOSSIBLE.

    LET ME REMIND YOU THIS IS NOT ABOUT FLOOD DAMAGE.
    WE’RE SUING BECAUSE THEY FAILED TO PAY FOR WIND DAMAGE
    AND LIVING EXPENSES.
    AGAIN…THIS IS ABOUT DENYING WIND CLAIMS AND NOT FLOOD !

    DUE TO THE FACT THAT LA LA DOES NOT HAVE PUNITIVE DAMAGES
    THE INSURANCE INDUSTRY IS REALLY TAKING ADVANTAGE OF THE POLICYHOLDERS IN LA BECAUSE LA IS A STATE THAT DOES NOT HAVE PUNITIVE DAMAGES.
    THE INS. COMPANIES HAVE NOTHING TO LOOSE.
    THE WORST CASE CENERIO IS THEY MAY HAVE
    TO PAY THE POLICY LIMIT… IF THE CASE EVER GOT TO A JURY TRIAL.

    THEREFORE, THE LAWYERS IN LA ARE
    SELLING OUT THEIR CLIENTS BY TRYING TO GET
    THEM TO SETTLE FOR 10 CENTS ON THE DOLLLAR,
    WHEN THEY WERE OFFERED 5 CENTS ON THE DOLLAR.
    THEN THE LAWYERS IN LA ARE CHARGING OVER 40% + COSTS
    TO SETTLE, WITHOUT FILING A SUIT OR GOING TO TRIAL.
    1/3 TO SETTLE WITHOUT GOING TO TRIAL.
    NOW, THE LA LAWYERS ARE PLAYING FEET WITH THE INSURANCE COMPANIES,
    CAUSING KATRINA VICTIMS TO BECOME VICTIMS, ONCE AGAIN.

    I WONDER…IS THERE ANY HONOR LEFT IN MANKIND?

    MANY PEOPLE EMPLOYED WITH THE INSURANCE INDUSTRY DISLIKE MR. SCRUGGS
    AND THAT’S BECAUSE THEY DON’T LIKE THE TRUTH…BEING TOLD.
    MR. SCRUGGS REPRESENTED HIS PEOPLE AND HE MADE HISTORY TOO,
    HE WENT UP AGAINST ONE OF THE LARGEST INDUSTRIES IN THE USA & WON!
    POOR LOOSERS STILL PULLING STRINGS TO BEAT THE SYSTEM
    AND THEY ALL TRASH SCRUGGS FOR EXPOSING THE TRUTH.
    I APPLAUD SCRUGGS & HIS BOYS IN THE BAND….
    THEY’RE FIGHTING FOR WHAT IS RIGHT.
    AND THEY’VE JUST BEGUN TO FIGHT.

    FOR SURE, THOSE MS BOYS STOOD UP & STOOD TOGETHER….
    EVEN ELECTED OFFICIALS ROLLED UP THEIR SLEEVES
    AND WENT SWINGING TO FIGHT FOR THEPEOPLE.

    MS DOES TAKE CARE OF THEIR OWN….
    QUITE THE OPPOSITE OF THE INSURANCE INDUSTRY
    AND LOUISIANA OFFICIALS.

    PERHAPS WE SHOULD START A PETITION.
    DID YOUR AGENT FAIL TO EXPLAN THE BENEFITS TO YOU?

  • September 5, 2007 at 4:44 am
    Kim David says:
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    Who ever you are….
    Don’t put words in my mouth.
    I speak the truth but
    you can’t handle the truth!

    One thing for sure…you are
    Nobody Important.
    You are worthless as a human being.
    You can’t tell the truth in one sentence
    and you don’t have the balls to use your name so that makes you a worthless coward!

  • September 5, 2007 at 4:54 am
    Gill Fin says:
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    I hope they have metal detectors.

  • September 5, 2007 at 4:54 am
    Kim David says:
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    I am referencing the whole story.
    The Industry refuses to accept defeat even after the engineering reports, millions spent in legal fees and
    after State Farm surrendered to Scruggs.
    Higher Strings were pulled and this is how they won this battle.

    The war is not over and
    We’ve just begun this fight!

  • September 5, 2007 at 6:34 am
    Nancy says:
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    These hill-billy crack heads can’t even count to two using the only two teeth in their mouth so OF COURSE they don’t/can’t read their policies for those “hidden exclusions”. Ha, ha, hidden, what a f’ing joke.

  • September 5, 2007 at 6:39 am
    Mary B. says:
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    Kim are you wearing your tinfoil hat again??!?!?! You sound just like the crazy lady that sits out in front of my office building. You’re crazy and funny. Thanks for the laughs while I read your posts. The people in my office also love reading and laughing at your crazy posts.

  • September 5, 2007 at 6:56 am
    nobody important says:
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    I am somebody who doesn’t need vulgarity and rediculously long, droning diatribes to express my opinion. Your letters are idiotic and rambling. You have no knowledge of the product per your own posts and yet you look to tell us in the industry how we should run things in our own business. You accuse us of everything immoral and illegal and yet your only response is to call me names. Pretty weak arguements. Dicky Skruggs is a political hack who couldn’t get a real job so he became a trial lawyer. He is a joke around the country. So are your illiterate postings. Stop posting vulgar comments and try logical arguments instead of the messes you post.

  • September 6, 2007 at 7:25 am
    Gill Fin says:
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    Well that would explain why you don’t know anything about P & C. Why don’t you turn your careful gaze toward your own field if you are so pious. Kim, don’t flatter yourself. You do not intimidate anyone here. For myself I just hope none of my family members or friends ever develope dementia to the degree you seem to have.

  • September 6, 2007 at 8:29 am
    Another Anon says:
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    Kim, there is no defeat for the industry as you state in your response. The policies, which you seem to find illegible, have been updheld by a US Court of Appeals. Not just in the Leonard case, but in 2 other recent rulings. One of the rulings holds the concurrent casusation langauge of the policy is not ambiguous. Thus, the industry seems to be doing just fine.

    I am still incredibly sorry for people that lost everything, and cannot rebuild. However, it is not the insurance industry’s fault that people failed to purchase adequate insurance to protect themselves. It is the policyholder’s responsibility to read the policy. In fact, most policies tell the owner to do just that. You state you read your policy and still did not understand it. Did you call your agent to ask questions? Did you call the carrier? Did you talk to any other insurance professionals?

    You state in your post that you are in the insurance industry. I would like to know what area of the industry. Most professionals understand you cannot recover for the same damages from more than one policy. Your post indicates you did not know that. You state you cannot understand your policy…most professionals understand policies, and if they don’t they ask questions.

    Your posts asks the hypothetical question why agents did not offer to pay living expenses. How many agents have that type of payment authority? You state you are in the business, so you should know the answer.

    You are suing 2 companies for damage to 2 homes. It appears you did not properly insure those homes to value for flood. I’m sorry for your loss, but the industry is not to blame.

  • September 6, 2007 at 10:04 am
    Mark says:
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    “Posted On: September 5, 2007, 4:54 pm CDT
    Posted By: Gill Fin
    Comment:
    I hope they have metal detectors.”

    Gill, don’t you mean “mental” detectors???

  • September 6, 2007 at 12:12 pm
    Kim David says:
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    Q&A: Why did the Industry blame the water before anyone could even get to their property?

    Q&A: Why did Agents Immediately tell us
    that “If you home has vanished, it was the water”
    Q&A: How could they know this before engineers and adjusters physically inspected?
    Q&A: My home did not vanished but it was beat to death. My Dock & Pier remained in perfect condition because…it was under water…the wind could not damage it and the truth is the water protected it from the wind.
    A surge would have taken it away easier than it could take a home.

    Adjuster said surge, when I asked,
    What way did the surge go? He could not answer.

    Why were items that were inside, found hanging from tree tops, and scattered north, south, east & west?

    Without any doubt, I had wind damage but
    State Farm said it was all water and this is why thousands are forced to sue.

    Fact: We had wind & water damage.
    Fact: We proved the wind came first.
    Fact: Picayune MS had nothing but wind damage, we watched roof shingles fly like snow flakes. My Mothers home in Hide Away Lake had glass walls that were blown in.
    This same wind passed thru the coast first then went up north and destroyed Picayune by wind and tornadoes.

    All I have left, is the truth.
    What’s crazy is for this Industry to
    deny that Katrina had WIND DAMAGE!

    A Hurricane consists of wind & flood.

    Instead of trying to help the Clients,
    the Industry spent millions to deny claims.
    Numerous Engineering Reports, legal fees and they could have used this money to work with us and not fight us.
    Like kicking us after we are down & out.
    The Ind. could and should have come to our aid but they became our enemy.

    It was strangers that came to our aid. They drove thousands of miles in caravans with food and water & clothing.
    We are not charity people.
    We are Working Americans that are Homeowners.
    I broke down & cried when the Red Cross gave me used, clean, cotton T-Shirt.
    Talk about humble pie…I was so grateful to the person who donated it.

    You people hide behind the scenes and point your finger.
    You do not know the emotional toll this caused to men, women & children.
    Worst of all you don’t care, because it never happend to you.

    You will never understand, until it’s your turn.

    The Industry turned their back on us during the worst disaster in the USA.
    They never offered one drop of water but
    they continue to spend millions to deny us when all they had to do was reach out and give us a hand and at least try to reason with us.
    They were too greedy and they assumed they were bulletproof.
    Scruggs took their metal vest off of them.

    Bottom line:
    We paid for wind damage.
    They denied the wind.

    I rest my case. I will not waste any more of my time with you guys that have nothing to do but hang on this site.
    The truth insults you and your only defense is to discredit the messanger.
    Kill the messanger?
    I am one, of thousands!

  • September 7, 2007 at 1:24 am
    Kim David says:
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    If I am so stupid & crazy, then why did so many people sue State Farm and why did they settle?
    This is not about me.
    I did not cause Katrina.
    I did not lie.
    I was forced to sue State Farmbecause my Adjuster was caught lying.
    I’m the Victim but you think of me as the villian.
    Do you think I am supposed to roll over and let them do this without a fight?

    I have evidence that proves the wind came first. Flood came after with more wind, waves, surge, etc.
    The Wind Damaged the home first as it did homes in Picayune.

    All State Farm had to do was try to work with us but they kicked us again.
    They tried every trick in the book to deny claims and they are still trying to deny wind came first.

    It really makes me angry when you guys try to insult me as if I were stupid.
    I am not as stupid as you want to think.
    I have enough evidence to win my case.
    They will want to settle and put the gag order on me just like you want to block me from IJ.

    State Farm refused to pay for wind and living expenses too. They blamed 100% on flood. They lied & cheated me and everyone else.
    The Wind Came BEFORE the Water?
    That means I am covered.
    I understand the policy very well.

    I am not crazy yet but you guys make me so angry and I don’t need to argue with you or anyone.
    I am sick of all of this.
    Do you think this makes me feel good?
    It’s all so negative.
    I am sorry but this is what they did and
    They are still arrogant and defiant and so are Agents.

    I have proof that wind came before water.
    Want to bet that I will win my case?
    I will let you know the verdict of the jury.

  • September 6, 2007 at 2:00 am
    Nobody Important says:
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    I think we can assume that Kim lost her court case on this and now want to blame the evil insurance companies. I may be wrong on that, but it sure sounds like it. I’m sorry for your loss and your bitterness. Your loss doesn’t make the people or the process bad. If the court hasn’t ruled on it yet, good luck to you and I mean that sincerely.

  • September 6, 2007 at 2:15 am
    Another Anon says:
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    Nice to see that you cannot or will not respond to the questions that I previously posted to you, but can ask pointless queries in you continued diatribe against the entire insurance industry. You have thus given me and probably other posters an inference that you really know nothing about insurance, and are bitter because you did not purchase an adequate amount, the proper type of insurance or were not able to meet YOUR burden of proof that the loss was not caused concurrently by flood & wind.

  • September 6, 2007 at 2:18 am
    Mary B. says:
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    Whatever looney tune. Have fun in Court and I can’t wait to see you lose.

    Please learn how to read a policy before spewing your lies.

  • September 6, 2007 at 2:22 am
    Nancy says:
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    I love it Mark. Funny and clever. Yes, I hope the office where Kim works (if she works as it seems she is either to psychotic to work in an office environment or is on SSI or welfare) has both mental and metal detectors. I fill so sorry for the people that have to work near, with or for Kim.

  • September 6, 2007 at 2:46 am
    Nobody Important says:
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    I must have missed that Kim David works in insurance. The old saying that it takes all kinds really applies here. I certainly would not want her in my office. She should find another field to work in, like looking for Al Capone’s vault or watching for alien landings.

  • September 6, 2007 at 3:44 am
    Friend of Kim David says:
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    Kim David is a successful busisness woman.
    She is an Independent Ins. Broker
    & she is the owner of a large Agency.
    She’e been in busisness for 15 years without one complaint.
    Her Clients love her.
    They all agree and say that she is
    straight up and honest.
    Call her crazy but she will stand up & fight for what is right.
    I would not provoke her!

  • September 6, 2007 at 4:05 am
    Another Anon says:
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    How can she be successful based on her own post…”YOUR OBLIGATION TO YOUR CLIENT IS TO
    EXPLAIN THE BENEFITS TO THEM.
    HOWEVER, IF YOU WOULD CLEARLY EXPLAIN THE BENEFITS…YOU WOULD NOT HAVE CLIENTS BECAUSE THEY WOULD NOT PAY FOR A POLICY WITHOUT COVERAGE.”

    Does Ms. David explain the policies she sells in detail to every client? If so, how then can she not understand her own policy?

    Again based on Ms. David’s own words, I can and will infer that she knows very little about insurance, or is just very bitter over her claims being denied because of flood & concurrent causation.

  • September 6, 2007 at 4:14 am
    Nobody Important says:
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    Ok, she is crazy from the tone of her posts and frequently wrong in her assertions. It’s good she has loyal clients and friends. She needs all the help she can get. I’m just glad she doesn’t represent my company. We like agents who think insurance companies serve a good purpose.

  • September 6, 2007 at 4:16 am
    Nobody Important says:
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    Nicely stated another anon. I am quite confused how someone who is in the agency business can be so ignorant on the subject.

  • September 6, 2007 at 4:40 am
    Gill Fin says:
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    but doesnt sell State Farm. She has friends who go to her defense on anonymous web pages, and she should not be messed with. My kind of mystery girl.
    Oh, and fifteen years with no complaints. She goes from the front of the policy contract to the end of the policy contract with every client but cannot find the exclusions herself. She urges whites to learn from blacks about standing up for themselves. But when I google Kim David I find nothing about her owning or operating any kind of insurance organization. Time for IJ to ‘block sender’.

  • September 6, 2007 at 6:11 am
    Kim David says:
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    Gill…

    Gee, I must intimidate you.
    What are you afraid of?

    You want IJ to block me from
    voicing my opinion?

    You don’t have to read or
    comment with crazy people.

    Why waste your time?

    A frequently used tactic…
    The typical M.O.
    Block it all the way.
    Use you clout & keep paving
    the way to prevent regulations.

    Do you know why…
    the Industry faithfully contributes
    to Political Campaigns?

    You guys are relentless.

    I would like to see you get
    IJ to block me
    then I could subpoena you into a
    courtroom.
    Lawyer-Up!

  • September 6, 2007 at 6:12 am
    Nobody Important says:
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    Ok, fine, he is an appointed judge. And since he is appointed to office he has no political pressure from the locals. Now who is being naive.

  • September 6, 2007 at 6:14 am
    Nobody Important says:
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    You discredit yourself every time you post your moronic rantings. I just comment and post my opinions. You have no knowledge or reason, just emotional garbage spewed at the system you hate. I will continue to come back at you every time I see one of your hate filled posts. Live with it idiot.

  • September 6, 2007 at 6:33 am
    Nobody Important says:
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    My God, you take yourself seriously. You are commenting (poorly) on an opinion posting site. You treat every post as if you were posting the Declaration of Independence or the Gettysburg Address. You seriously need to get over yourself. This isn’t a court or the legislature. You can’t prove anything or get any court decisions changed her. We all just post what we think. Your posts just are so pompus and poorly worded that you are a running joke. I wish you could understand that and learn to discuss rather than name call and accuse. I guess that won’t happen, whoever you are. There are a lot of posters I don’t agree with on IJ, but your posts are the dumbest and least thought out of any and that’s saying a lot considering your competition. (Is my post as long and pompous as your usual yet?. Nah) Have a good night and goodbye.

  • September 7, 2007 at 12:54 pm
    Nancy says:
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    She’s a total nutter. Love it.

  • September 7, 2007 at 1:15 am
    Another Anon says:
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    Again Ms. David, you did not answer my questions. Do you explain every single term, condition, exclusion, word, definition from page 1 to the last page of the policies you sell to your customers? Just because you sell L&H does not mean you should not be held to the same standard you want to hold P&C agents/brokers to.

  • September 8, 2007 at 2:36 am
    Kim David says:
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    9 out of 10 People do not know…………
    Millionaires do not know………………
    Employees in a group plan,do not know…..
    The Self-Employed do not know………….

    Wonder Why so many Insured do not know their out of pocket expenses?
    It’s not their Busisness,it’s mine.

    Check Your Benefits…..
    before you owe a few hundred thousand.

    As in Katrina,
    They find out, after it’s too late.

    I examine every policy before I even think about representing the company or selling their product.

    I shop the Rates & Check the Benefits.

    I highlight the exclsuions:
    NO MATERNITY COVERAGE ON THIS PLAN.
    NO MENTAL HEALTH COVERAGE ON THIS PLAN.

    I Find your Lowest Rates
    with health plans that protect
    The Family Finances!
    and sue me if I lie.

    Licensed, Contracted & Insured.
    Doing what’s right for people!

    How many of you are
    PAYING FOR GROUP INSURANCE?

  • September 10, 2007 at 7:17 am
    Nobody Important says:
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    I other words, you get what you pay for. These people paid for coverages and didn’t pay for others. If they didn’t pay for it they should not get it. Otherwise there is no basis for the way premiums are charged. Contract law.

  • September 10, 2007 at 9:38 am
    Anon says:
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    This is probably dead but still…

    So beacuase a bunch of people (convinced by Scrugg’s attempt to get famous/rich) have decided to sue there’s clearly something wrong going on here?

    If lawsuits are the proof you’re after you need to look up another nutjob called Jonathan Lee Riches (wikipedia him).

    If lawsuits immediately proove fault then Barry Bonds is guilty of cracking the liberty bell using Hank Aaron’s bat.

    Any dillusional moron with a pen can file suit… it doesn’t prove a thing.

    Hindsight is 20/20… these people (and probably you) gambled – and lost – that you wouldn’t need flood insurance. Now you (and Scruggs) are looking for anyone to blame that will pay you back for your loss.

    I’m sorry for it, really… but I’ve been to Vegas, lost a mint, then came home and worked to re-gain my losses.

  • September 20, 2007 at 5:30 am
    Broke from Katrina says:
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    At least you had fun.



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