Tag Archives: Wind Versus Water

Wind Versus Water Causing Insurance Payment Delays? The Sad Song Remains The Same For Michael Victims as In Other Storms

The Tampa Bay Times ran an excellent story, Hurricane Michael Destroyed Their Homes Then The Insurance Heartache Began, which tells a sad but familiar theme about insurance company denials and delayed payments following hurricane losses. I was quoted in the piece: Chip Merlin, a Tampa insurance lawyer, said the same conflict happened in the last … Continue Reading

Substantial Damage, Substantial Structural Damage, Wind Damage, Flood Damage…. Damage Anyway!

Hurricane Michael has left a familiar mark on the Florida Panhandle. Much like Hurricanes Katrina and Ike, Hurricane Michael brought devasting winds followed by wind and flooding and more wind. Battered homes and businesses are assessed in the aftermath in an attempt to determine the extent and cause of damage resulting from the multiple perils … Continue Reading

Fresh vs. Salt Water Flooding

As I watched Hurricane Irma coverage on CNN, following the landfall in Naples, I was reminded of a problem many insureds faced following Superstorm Sandy: “Is the water the result of flood or rain?” While Naples was in the eye of the storm, CNN showed a six block stretch of water covering streets where rain … Continue Reading

Super Storm Sandy Litigation Still Going Strong – New Jersey Transit Sues for Several Hundred Million Dollars in Sandy Loss

Litigation related to Super Storm Sandy is still going strong; or even still getting into full swing. Recently, New Jersey Transit Corporation filed a lawsuit in New Jersey against numerous insurance carriers seeking $300 million in coverage from Super Storm Sandy damage. One of the issues in the case will involve whether a flood sublimit applies.… Continue Reading

Policyholders Can Fully Collect Under a Flood Policy and a Wind Policy at the Same Time

Intelligent policyholders are not sticking around when their house is being destroyed documenting how much damage was caused by wind and then the flood that accompanies most of these catastrophic events. Yet, their insurance companies want to act as if their policyholders can play god. They demand that policyholder determine what damage was exactly caused … Continue Reading

National Flood Insurance Program Legislation Moves Forward

The National Flood Insurance Program (NFIP) is facing a September 30th deadline. That is the date the temporary extension runs out on the Flood Program. Unless a bill that reauthorizes the program passes, the NFIP could expire. But this week, the House of Representatives passed H.R. 1309 (The Flood Insurance Reform Act) by an overwhelming majority.… Continue Reading

Should Anybody Trust the Government to Determine the Amount of Wind Versus Flood Damage?

The answer to the title question should be: "Nobody should trust the government to conclusively determine anything." The property insurance law news is that a Mississippi Senator has proposed federal legislation that would allow FEMA to determine the amount of wind damage versus flood damage an insured structure sustained when the issue arises. Anita Lee, … Continue Reading

Was the Damage Caused By Flood?

Another hurricane season is fast approaching, but, before the storms start brewing, one developer is looking to get a glimpse at what happens when the storms roll in. Darrell Jones has spent years developing a video-recording system that he hopes will withstand a hurricane and capture video images of a hurricane’s wrath. Jones’ goal is … Continue Reading

Double Recovery and Actual Cash Value Analyzed in Katrina Wind Flood Scenario

Policyholders with flood and all risk policies usually do not have as many problems collecting benefits following a hurricane where wind and flood damaged a structure. Those with only one policy are not so fortunate. When the combination of payments from both policies is less than the cost to repair or when delays in payments … Continue Reading

Flood Adjustment Methods Discovered in Qui Tam Case

Slabbed has been dogged regarding its reporting on the Mississippi qui tam litigation involving State Farm. A recent post, Rigsbys file “Motion to Reconsider Scope of Proceedings in Light of Evidence Adduced in Discovery” – ask Court for additional time to conduct Discovery into “the Scheme,” provides some insight regarding the flood adjustment techniques required … Continue Reading

Insurance Industry and Taylor Not Interested in Compromise Flood Insurance Legislation

The attempts by Mississippi’s Gene Taylor to craft an insurance product that fully covers hurricane losses seems to be having trouble, but not because Gene Taylor is not trying. While the House of Representatives passed a bill supported by Taylor which includes coverage for the perils of wind and storm surge into one policy, one … Continue Reading

Texas Windstorm Insurer Settles 2,400 Hurricane Ike Slab Claims

The Galveston Island and Bolivar Peninsula slab cases are settling. There was an agreement between the Texas attorneys that nothing would come out in the press until the clients signed the agreements. Since even the Texas Windstorm Insurance Association (TWIA) participated with a press release, I assume that the gentlemen’s confidentiality agreement to wait on … Continue Reading

Florida’s First District Court of Appeal Issues an Opinion on Valued Policy Law

Florida Farm Bureau Casualty Insurance Company v. Mathis — So.3d —-, 35 Fla. L. Weekly D868a, 2010 WL 1542631 (Fla. 1st DCA April 20, 2010) Florida Farm Bureau Casualty Insurance Company appealed a final judgment in favor of the Mathises, awarding them their homeowners policy limits. Hurricane Ivan caused substantial wind and flood damage to … Continue Reading

Corban Part Three: A Win for Policyholders and a Decision Following Rossmiller’s Causation Analysis of the Anti-Concurrent Causation Clause

My initial and simple impression posted in Corban Mississippi Supreme Court Case Decided, Part 2 stands. My emotions and thoughts during my three readings of this decision kept reminding me of people I have met, represented, debated and lived out this saga with in Mississippi since the fall of 2005.… Continue Reading

Nationwide Continues its Removal From Florida Property Insurance Marketplace

The exodus of the larger national multiline carriers along coastal areas continues. Nationwide has reportedly filed a plan to non-renew 60,000 property insurance policies in Florida starting next July. Unlike State Farm, however, Nationwide Insurance Company has made arrangements with Tower Hill Insurance Group out of Gainesville, Florida, to accept all 60,000 policies.… Continue Reading

National Flood Regulations Have to Be Followed and Policyholders Must File “Adverse Proofs of Loss”

My work day started at 4:30 am EDT in Tampa, with a trip to South Padre Island regarding a Hurricane Dolly dispute. It will end at sunset following meetings on Hurricane Ike matters. As my pilots are working on getting me safely home through the summer Gulf Coast weather, I am wondering how Judy Guice did … Continue Reading

“It’s an Ill Wind that Blows No Good”

One of the most fascinating parts of my job is learning of the extraordinary events that happen to people. Just when I think I have heard it all, I catch myself saying, "you’ve got to be kidding!" The client’s typical response usually is, "I know, I wouldn’t have believed it either, but…," and the remaining … Continue Reading
LexBlog