Scruggs comes out swinging
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Scruggs comes out swinging - 4/11/2006 4:14:33 PM
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Big T
Posts: 104
Joined: 10/9/2004
Home base: Beaverton,Or
Status: offline
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BILOXI, Miss. - A lawyer for U.S. Sen. Trent Lott says State Farm Insurance Company is destroying documents related to Hurricane Katrina.
He says the documents could show that the insurer has fraudulently denied thousands of claims by Lott and other policyholders whose homes were destroyed by Hurricane Katrina.
Zach Scruggs, one of Lott's attorneys, says his client has a good faith belief that several State Farm employees in Biloxi are destroying engineering reports.
The lawyer claims the documents show conflicting conclusions about whether wind or water was responsible for storm damage.
Like thousands of Gulf Coast homeowners, Lott's claim was denied because State Farm concluded that Katrina's flood water demolished his beach-front Pascagoula home.
State Farm says its policies do not cover damage from rising water, including wind-driven water.
But lawyers for the Mississippi Republican claim State Farm has routinely pressured its engineers to alter reports that initially blamed damage on hurricane's wind, which the company's policies cover.
A State Farm spokesman said he couldn't immediately comment on Scruggs' allegations.
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RE: Scruggs comes out swinging - 4/12/2006 9:14:42 AM
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kilo
Posts: 82
Joined: 12/12/2005
Home base: Independence, LA
Status: offline
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leave it to a lawyer to muddy the waters of controversy.
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RE: Scruggs comes out swinging - 4/12/2006 10:30:07 AM
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johnpostava
Posts: 170
Joined: 4/19/2004
Home base: Orlando, FL
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Is it Wind or is it Water? The debate between which one of these forces of nature caused the specific loss to the specific house has gone on well before I got into the biz and will continue long after I am gone. Without eyewitness accounts, it comes down to a judgement call by an adjusting or engineering professional (assuming part of the risk is still standing). Without a "body", we only have wind speed and storm surge and wave height records to go by and at times they can be questionable. In this gray area of cause of loss is where the lawyers and victims rights advocates dwell. Some mean well and others may have their own agendas. Telling the difference is as difficult as deciding between wind and water.
One of the most stressful hurricanes I ever worked as an adjuster was Andrew in South Florida. I was working direct for a large carrier in Coconut Grove. I was handling claims for their single adjuster program and working both the wind and flood sides. Most of my claims were mult-million dollar estates with max flood coverage (never enough) and insured to value on the Homeowners. Heavy flood damage, moderate wind damage. It was a lesson in creative estimate writing to get the claims paid the homes back to pre-Andrew shape.
We eventually got all the claims settled. I take that back, last month a recieved a letter from an attorney to find out one of my claims is still in litigation almost 14 years after the storm. On that one I was the flood adjuster only and although we paid max on the flood side, the homeowners claim is STILL OPEN! I feel for that adjuster!
I spoke with a Katrina victim when I was doing a survey with a FEMA supervisor in February and she told us that when the flood waters were inundating Buras, LA late in the evening, a neighbor tried to make his way to the local brick church in the hope of opening it up in the event others who decided to ride the storm out would seek refuge in the well-built, 100 year old structure. Wading and swimming in 5-6 foot water in the middle of the night he told her he would see entire homes floating by along the highway and open spaces. The winds were over 100 mph so who is to say if the winds moved those homes off their foundations where they found water to float on or did the water rise up to such a height to lift the homes off their pier and beam foundations and let the winds carry them to their dooms?
The end of this story? The man got to the church and there were 7 other people waiting but could not get in until he showed up with the keys. They made it to a second story area where the choir would assemble during services and they all survived (and so did most of the church). The city of Buras, however, was pretty well trashed with over 12 feet of surge in most all of the home and businesses.
Is is wind or is it water? To the people of Buras it doesn't much matter. They have to clean it up and get on with life no matter what. It would be American, however, if their insurors would step up to the plate and do all they can (even if the policy wording puts them somewhere between full coverage and "lawyer land").
_____________________________
John A. Postava, R.P.A.
President
SIMSOL Software, Inc.
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RE: Scruggs comes out swinging - 4/12/2006 11:44:31 AM
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trader
Posts: 1203
Joined: 4/19/2004
Home base: Houston, TX
Status: offline
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In Hurricane Carla (1961) I was a staff adjuster for a large insurance company. On the Galveston Bay side of Texas City the modest homes had 7 seven feet of sea water in the house and total destruction to all interior and exterior walls, fixtures, furniture, clothing, etc. Flood insurance was not written until 1976. We would get on the compostion roof's praying that we could find enough wind damage on the roof to pay for the water, coming thru the roof to pay for the ceilings and walls and the contents below. We did our best; however our eyes and photos told the real story..... its real hard work to see this devastation, the childrens rooms, toy's , books everthing gone, the husband having to work ever day and sleep were he can to feed his family.
Some of us would then leave this depressing work after 1/2 day and drive to West Beach on Galveston Island and try to find a septic tank, or a tank lid or a pile or concrete steps or a blade of grass for the beach house that was blown away by one of the 6 tornado,s that crossed the island before the tidal surge. If we could find evidence a house was indeed on the lot we could stick build a building that was no longer there, and come up with 50% of the policy limit for wind before wave damage. And when we could not stand any more depressing work we would drive back to Houston and pay and close file that were 100% WIND.
Camille in MS 1999 same as 1991
< Message edited by trader -- 4/12/2006 11:46:15 AM >
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RE: Scruggs comes out swinging - 4/12/2006 10:52:14 PM
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PORTASATGUY
Posts: 338
Joined: 9/15/2005
Home base: Homeless
Status: offline
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John
I agree with the Andrew comments, I had one still open in 2003. And FINALLY had to go to court over it. Rumor has it that the feds are revamping the NFIP AGAIN, which as a result will make all Certs Null and Void, and RE cert will be required, A friend told me that the Policy Limits will be Raised a bit, due to the high powered folks that own Homes Beachfront or in Flood zones, the Flood plains will be minimized, so that carriers can write wind in places they would normally stay away from as a result of the LITIGABLE LIABILITIES, as one congressman said.
Further, The HO6 Policies in Florida would REQUIRE, that the Risk be covered with Storm Shutters, or the NFIP Would not issue policies to the NI. So I expect that All softwear, Training, Certifications, All of us wil need to be ready for these changes.
Like POE, and Others, NO ONE Wants to Write in Areas of The east coast, and the Gulf Coast as a result of the Losses. One cant blame them But, the fact is The FEDS are aware and Are being forced to Revamp Policie Limits, Structure and coverages.
You can Bet that Scoping losses will be VERY STRICT, ALOT MORE THAN TODAY, and the PAPERWORK INVOLVED WRITING A CLAIM, will be Mountains.
AND WE DO NOT EVEN HAVE A SAY SO OR INPUT?? This is One reason why I keep Suggesting a IA Association, Both Nationwide and On the State levels.
All these 3 day schools will eventuallt be a college degree, and Getting a license will require alot more than 3 days. or 40 Hours.
In the meantime, Ill do my lil Hail claims here, and Chill till the storms arive!
_____________________________
R. Estes
Life is short LIVE IT!
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