Mississippi AG goes wild on Flood
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Mississippi AG goes wild on Flood - 9/15/2005 2:26:15 PM
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Big T
Posts: 104
Joined: 10/9/2004
Home base: Beaverton,Or
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Just saw notice of the suit on CNN, AG suing 5 major insurers for flood exclusion issues
Here's an interview on that and other storm subjects
javascript:playVideo('525013', 'Attorney%20General%20Jim%20Hood%20Has%20Advice%20For%20Hurricane%20Victims', 'v', 'News', '668033', 'Homepage', '', '');
If that doesn't work go to wlox.com
http://www.wlox.com/
and look for AG Jim Hood gives advice video. 11 minutes long, very instructive on what's happening.
More links to stories requested, please!
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RE: Mississippi AG goes wild on Flood - 9/15/2005 2:36:31 PM
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jadle
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Home base: Potsdam, NY
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deleted
< Message edited by jadle -- 2/7/2006 12:02:06 PM >
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RE: Mississippi AG goes wild on Flood - 9/15/2005 2:51:17 PM
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Big T
Posts: 104
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watch the video clip and listen carefully what he has to say
"so - called flood exclusion", etc
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RE: Mississippi AG goes wild on Flood - 9/15/2005 3:04:23 PM
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newtonclaimstim
Posts: 155
Joined: 4/26/2004
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Sounds like the fun is to begin, read defintion of storm surge at NOAA
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RE: Mississippi AG goes wild on Flood - 9/15/2005 3:35:35 PM
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StephenMcHugh
Posts: 18
Joined: 5/15/2005
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...and read the definition of "Flood" also, and note the "rain" reference. Now, I have no legal knowledge, but there seems to be a gray area here. Perhaps some of the veterans here can point to some past precedents that have unequivocally stated that flood damage doesn't have to be caused by rain.
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RE: Mississippi AG goes wild on Flood - 9/15/2005 3:49:57 PM
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Mitnrecon
Posts: 1
Joined: 9/10/2005
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How many of you think the average homeowner knows how to read policy? How many homeowners write their own policy? Yeah, folk around here know..........did you really know about policies before you became adjusters. I think some of you are more than educated, trained, and coached, your brain washed to think the average Joe knows what we've all learned. Yeah it really ****s no one knows policy like you. Just askin' ya to look at it that way. Not sayin' it should all fall on "The Company" but people aren't educated. We're all not perfect and we're all ignorant about something.
**PEAK YOUR POTENTIAL**
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RE: Mississippi AG goes wild on Flood - 9/15/2005 4:22:26 PM
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Wes
Posts: 622
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Delete, I saw "recon" at the end of the name and started to have return nightmares.
< Message edited by Wes -- 9/15/2005 4:26:35 PM >
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RE: Mississippi AG goes wild on Flood - 9/15/2005 4:22:48 PM
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RobertV
Posts: 494
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Home base: Boerne, TX
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Justin; even before learning my little bit about insurance policies, I lived worked and played south of I-10 in both MS and LA. I have a lot of family in S LA and still several friends in MS. In my sphere of reality down there, EVERYONE knows you have to get flood insurance. They joke about dropping it vs. the odds of a storm doing them any harm.
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RE: Mississippi AG goes wild on Flood - 9/15/2005 5:09:48 PM
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trader
Posts: 1203
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Home base: Houston, TX
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Wow... just watched the IG of MS. Speechless ! Did pick up the HO 3 iso 04 91, and what page is the phrase "wind driven" on and in what section: coverage , exclusions or limitations ?
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RE: Mississippi AG goes wild on Flood - 9/15/2005 5:14:20 PM
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JCwik
Posts: 26
Joined: 8/31/2005
Home base: CopperState Claims Management Services
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Miss. official sues insurers over Katrina claims
Attorney general says adjusters tried to trick survivors out of millions
getCSS("3053751")
Updated: 3:09 p.m. ET Sept. 15, 2005BILOXI, Miss. - Mississippi Attorney General Jim Hood sued five U.S. insurance companies Thursday, saying adjusters have tried to trick Hurricane Katrina survivors out of millions of dollars in homeowner claims. Adjusters for Nationwide Mutual Insurance Co. and other insurers asked policyholders to sign forms that acknowledged they sustained flood damage, which is not covered by homeowners' insurance, according to Hood. Adjusters have cajoled victims to sign the forms, saying they are necessary to immediately receive a check for living expenses. The companies can use the sentence regarding flood damage against policyholders later, Hood said. "They say they are not responsible," Hood told reporters in the still-closed Hinds County Courthouse. "I want the insurance companies to pay what they actually owe the people of Mississippi."
The suit, filed in county chancery court, asks for a temporary restraining order to stop the use of such forms.
Nationwide, identified by Hood as a lead defendant, did not immediately return a call seeking comment. Hood also sued Mississippi Farm Bureau Insurance, State Farm Fire and Casualty Co., Allstate Property and Casualty Co. and United Services Automobile Association. Hood said more defendants could be added. The Mississippi Insurance Department was planning a response to Hood's lawsuit, a spokeswoman said. Last week, the regulator urged insurance companies to conduct full inspections before determining cause of damage. The difference is important. Damaged caused by wind or water falling into a structure, like through a hole, typically is covered. Damage from rising water, however, usually would be covered only by the National Flood Insurance Program, which is run by the U.S. Federal Emergency Management Agency. Hood called the adjusters' moves "unconscionable." "If the insurance companies do not back their policies, it will bankrupt southern Mississippi," he said. Denying legitimate insurance claims based on a piece of paper would further victimize survivors, he added. "Hope is all the people here on the Gulf Coast have left," he said. "I'm not going to let any insurance company take that away."
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Tucson, Arizona
"It's not enough that we do our best; sometimes we have to do what's required." Sir Winston Churchill (1874 - 1965)
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RE: Mississippi AG goes wild on Flood - 9/15/2005 5:45:11 PM
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okclarryd
Posts: 616
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Home base: Oklahoma City, Ok
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You reckon this guy is a cousin or somethin' to Mr Gallagher?
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RE: Mississippi AG goes wild on Flood - 9/15/2005 6:05:31 PM
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sbeau4014
Posts: 167
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Sounds like an advance pay authorization form to me. I sure hope this doesn't backfire and the carriers say that without the advance pay authorizations in place they won't be giving out any advances. Last I read a policy, there is no provision in it that the carriers are required to give advances against the final claim. The policy is one of indemnity, which is to indemnify the policyholder for the damages sustained. Most ALE provisions probably say something about paying these damages on an incurred basis, and the language of these agreements also protect the carriers in that it says the advance will be credited toward the final settlement.
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RE: Mississippi AG goes wild on Flood - 9/15/2005 6:26:09 PM
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gvmorgan
Posts: 54
Joined: 9/4/2005
Home base: Houston, TX
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Yes this certainly could backfire for insureds.
This may be selfish thinking, but this guy may be able to hold up the claims process. If adjusters can't close their files, will they still be able to get paid? Will they have to wait until litigation is concluded to close files and receive payment? How might this activity affect the ability for adjusters to get paid?
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RE: Mississippi AG goes wild on Flood - 9/15/2005 10:59:46 PM
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RobertV
Posts: 494
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It cannot be possible to have a worse impediment to overall claims resolution; and at such a high level to boot! This guy HAS to be the state's winner of the Peter Principal award.
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RE: Mississippi AG goes wild on Flood - 9/15/2005 11:09:01 PM
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givemeroofs
Posts: 303
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I would like to hear Alan and Kevin's take on this. I bet it will be thrown out in less than a week.
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RE: Mississippi AG goes wild on Flood - 9/15/2005 11:18:30 PM
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RobertV
Posts: 494
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Home base: Boerne, TX
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Dear MIssissippi Policyholder;
Thank you for choosing XYZ insurance company. We are writing to discuss your Hurricane Katrina loss. As you may know, your state's attorney general has filed suit against us on your behalf. Since this lawsuit concerns our procedures for settling Hurricane Katrina claims, we have no choice but to suspend our claims handling for these losses. As of today, we have instructed all of our adjusters to immediately cease working any Katrina file until this matter with the attorney general is resolved.
We have every confidence that the suit process can be accelerated and settled within 2 years, 4 years at the latest. Please understand, it is in your best interest that we not attempt to settle or even discuss your Katrina loss until the conditions of the suit are settled.
Again, thanks for choosing XYZ!
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RE: Mississippi AG goes wild on Flood - 9/15/2005 11:24:06 PM
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JimF
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We all live not only in a legal world but a political one as well. I'll leave the legal discussion and forecasts to Kevin and Alan, but let's face it, as political theater this is going to be a best seller along the Gulf Coast. Jim Hood and others are simply playing to the crowd that brought them to the dance.
It's real politique at both it's best and worst. To understand the mindset of the Mississippi AG and other Deep South politicos one must think in political and not necessarily legal terms.
This lawsuit may or may not have far reaching legal consequences but it will find political traction.
Just wait until all the other pols pile on. It's going to get worse long before it ever gets better.
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RE: Mississippi AG goes wild on Flood - 9/15/2005 11:44:33 PM
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newtonclaimstim
Posts: 155
Joined: 4/26/2004
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Amen. And watch your ( 6 )
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