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Last Post 02/15/2007 1:34 AM by  barley
State Farm Ruling
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tonyd46
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Posts:76


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01/18/2007 8:46 PM
There is a new decision that just came down in louisianna eastern distric court.
in the case of kelly a. humphreys vs encompase ins.com. case # 2.05-cv04182-srd-jcw filed 11/27/2006. it has been found that the cause of loss is third party negliance as the levee's were not properly constructed. I am in the process of reading the who;le decision but after speaking to some litigation specialiast that i respect it looks like the hob policy is the policy that will cover the water losse and wind damage. As fAR as i can asscertain the insured will have to pay back the flood carrier and then their hob carrier will cover the whole loss. Has anyone else read this decision?
sbeau4014
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01/18/2007 9:49 PM
good luck reading that hummer, all 85 pages of it. Ole Stanwood Duval Jr. can be quite wordy. I have read parts of it, have the thing sitting on my desk collecting dust. And with your reference to the HOB I assume you you are talking about an HO-3 , DP 00 03 or DWG-3. Won't see an HOB in any of the real world, just TX and it would be hard to find one there these days. here is a link that you can pull up, and click on"doc. # 1803" under the date of November 27th, 2006. Fun reading for all. Might need to cut and paste the link.
http://www.laed.uscourts.gov/CanalC...lCases.htm
Ray Hall
Senior Member
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01/18/2007 9:56 PM

If a tort (3rd party negligence) comes into play (the levy board, city of NO, state of LA, Corp of engineers{US}, many engineers and contractors for faulty design and construction failure, you should have known, you were aware; as the theory of liability, which may be proven. The all risk of loss (may  be triggered). The carriers with this coverage would be drug into the fray, the payments would bankrupt all the carriers for first party claims, if/when made.

My crystal balls says the local, state, contractors & engineers insurance coverage will cover less than 1% of the cost of the damages and under joint and several  liability insurance with the Louisiana statues only the USA treasure can pay the claims; therefore the USA will step in and save the Insurance carriers just like they did in the World Trade Center Twin Tower and the existing terrorism Coverage on buildings today.

sbeau4014
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01/18/2007 11:56 PM
Ray, if you are thinking that the gov't helped out the insurance industry from the damages in the 9-11 incident I think you are mistaken. The CEO's of 2-3 of the biggest commercial carriers had a little meeting with Mr. Bush and were asked if the industry would need help like the airlines, etc. They told him that the industry could absorb the claims and losses from that event, but would not be able to sustain much of these type of catastrophe events of this magnitude and asked that some measures be considered to limit the insurance industry exposure in the future. Enter the advent of terriorism coverage and basically the govt becomes the reinsurer for those events.
Gale Hawkins
PowerClaim.com
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01/19/2007 12:27 AM

Won’t these cases for the most part just disappear when the lawyers find the “next” big case? Isabel was to bring a ton of law suits but where did that go? Is this just going to be much ado about nothing in the end? By the way it looks like we are now talking about Allstate and not State Farm.

Tom Toll
Moderator & Life Member
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01/19/2007 11:13 AM
This is going to be an ongoing mess for years to come.  I wonder what Einstein figured the levee's were of poor design when the Corps designed them for a Cat 3 storm and they were damaged by a high Cat 4 hurricane. Lawyers are ruining this nation with their greed. The insurance industry has served this nation well for many centuries. I have never worked for an Insurance Company that did not want to take care of their insureds. Now all of a sudden they are the bad guys because people did not take responsibility to get flood coverage and now want the wind carrier to cover their flood losses. NOLA can go to he** as far as I am concerned. It has gotten to be a dirty town with one of the highest murder rates in the USA, after and prior to Katrina. Now they want the population of the U.S. to bail them out. What a mess.
Success is not final, failure is not fatal: it is the courage to continue that counts.
sbeau4014
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01/19/2007 7:31 PM
It has started big time, and this rate increase has nothing to do with any of the wonderful legal rulings that have come out of LA or mS in the last 3 months or so. If those rulings stand, these rate increases will seem small compared to what will be coming down the pipeline.
The Citizens rate changes, computed as a statewide average, include:
-138.4 percent higher rates for commercial property insurance, equaling $2.35 million for 1,230 policyholders.
-A 7 percent increase on homeowners policies that exclude wind coverage, equaling $13.2 million for 135,000 policyholders.
-68.2 percent higher rates for homeowners with "wind damage only'' policies, $26,000 for 440 policyholders.
The commission also approved a 58 percent increase for the Hanover Insurance Company, a Worcester, Mass.-based firm, for its homeowners policies. Hanover raised its rates by 9.8 percent last year - an increase that did not require the regulators' approval, because they have no power over hikes smaller than 10 percent.

The full article is linked below:
http://www.insurancejournal.com/new.../76069.htm

Ray Hall
Senior Member
Senior Member
Posts:2443


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01/20/2007 1:49 PM

Is the FEMA program "Come back Home"  NOLA still under the media rader or was it a non starter as it was for the "people". I never read a published program outline but last fall an adjuster who was staying over to work for the vendor who was hired gave an outline as follows. The max amount is $250,000. on buildings or property in them that you own that was destroyed by any cause from Catrina ,would be a grant. Any insurance payments below the max. of 250K would be an offset.  If you had a loss in excess of 250 K you could collect up to the limit not offset. Example loss was 501 K thousand, insurance was 250 K, come back $250 K. Loss $300 K insurance none come back 250 K. Loss 100K insurance 50K come back $50K.

Does this not sound like the private insurance sector will be as involved in future stoms. I do agree the Fed should be the  100 %re-insuror on terrorism property damage, but if the citizen,s are worth 1 million each dead as in  9-11 we will have to dig deep next time.

Dimechimes
Member
Member
Posts:196


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01/23/2007 5:02 PM
Fox breaking news story about settling all Mississippi cases:

http://www.foxnews.com/story/0,2933...79,00.html

Tuesday, January 23, 2007


State Farm Fire & Casualty Co. agreed Tuesday to settle hundreds of lawsuits by policyholders whose homes were devastated by Hurricane Katrina, a person with direct knowledge of the settlement told The Associated Press.

Terms of the deal were not immediately announced Tuesday. The insurer's agreement with Mississippi Attorney General Jim Hood and lawyers for several hundred policyholders was expected to resolve a civil lawsuit that Hood filed against the company for refusing to cover damage from Katrina's storm surge nearly 17 months ago.

The accord also is expected to end Hood's criminal probe of allegations that the Bloomington, Ill.-based insurer fraudulently denied claims after the August 2005 storm, the person with direct knowledge of the proceedings said. The person asked not to be named because the discussions have been closed to the public.

Mississippi's mass settlement — the first of its kind since Katrina spawned hundreds of lawsuits against State Farm and other major insurers — does not involve any claims in other states.

The deal was expected to be presented to a judge Tuesday afternoon. A State Farm spokesman said he could not immediately comment.


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Dimechimes
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01/24/2007 8:45 AM

Here is the link to the State Farm press release dated 1/23/07 from State Farm's website providing much greater details on the intended procedure for handling the cases to be settled in 3 MS counties:

http://www.statefarm.com/about/media/media_releases/scruggs_katrina.asp

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Torrential
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Posts:9


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01/24/2007 2:54 PM
I wonder how serious this will be in terms of precedence. Nothing this big happens in this industry, without establishing major precedence.

I'm not shocked, I'm horrified for what it means to the industry at large. I worked in South Mississippi, and I saw generally what the ratio of wind to water damage was, and I saw many homes with the roofing stripped down to the wood with NO interior water damage, a month after Katrina.

If they pay for these homes; something big is going to happen, nationwide. This will make a standardized homeowner's policy inevitable, and that means the cost of homeowner's insurance is going to skyrocket a result.

It also means that the adjusters will be less valuable; because part of our job is to recommend saying "no." The less you can say "no," the less valuable you are.

If I was in the real estate business, I'd be looking closely at my portfolio in high risk areas. Can federal legislation be far behind?
host
CatAdjuster.org Founder
Posts:709


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01/30/2007 8:57 AM
Here is a copy of the class action document filed on 1/24/2007,  "Agreement of Compromise and Settlement" it is a 52 page pdf.
Attachments
Dimechimes
Member
Member
Posts:196


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01/30/2007 9:58 AM
Roy, Thanks for posting that.
Here are some other links to follow the Judge's denial and what others in the industry are saying on some blogs as well as a USAA press release about it on their site:

Judge Senter's denial in it's entirety of the Proposed settlement:
http://www.scruggskatrinagroup.com/...pinion.pdf **see page 4 of 8 about releasing SF and all firms who handled the claims as well as about arbitrators

Some interesting blogs about the settlement in the insurance industry:

http://www.insurancedefenseblog.net/

http://www.insurancecoverageblog.co...-case.html

http://www.property-casualty.com/2007/01/probes_proliferating.html National Underwriter Sam Friedman's blogs on it

http://www.property-casualty.com/2007/01/the_best_laid_plans.html " " ""

This is the link to the website for the Claim Administration co mentioned in the Insurance Journal article as the co proposed to handle the Class action admin and noted in Judge Senter's denial:

Here's the Poorman-Douglas website: http://www.poorman-douglas.com/solutions/default.htm

What is USAA's response to the MS AG - some very unusual comments about other carrier in their press release on their website:

http://www.mysanantonio.com/business/stories/MYSA012707.01D.USAA_Mississippi.13bf14f.html
Link below to the USAA website press release:

https://www.usaa.com/inet/ent_references/CpNewsCenter?PAGEID=cp_newscenter_article_pub&objectName=2007_01_Mississippi_Attorney_General&contentSubType=Press+Releases





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barley
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02/15/2007 1:34 AM
So now what - Should I return the calls from those that closed the claim? Boy oh boy...
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