Breaking News; State Farm settles!

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Lindaloo
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Breaking News; State Farm settles!

#1 Postby Lindaloo » Tue Jan 23, 2007 3:57 pm

Just got word that State Farm has settled the hundreds and hundreds of lawsuits brought against them. I think that is amazing since they were fixing to be indicted for fraud. Guess they did not want a grand jury probe into how they handle or pay claims. I think Jim Hood should proceed with the probe.

It has not hit the news websites yet. As soon as it does, I will post the information.
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#2 Postby Lindaloo » Tue Jan 23, 2007 5:10 pm

State Farm Fire & Casualty Co. agreed Tuesday to settle hundreds of lawsuits by policyholders and thousands of other disputed claims for homeowners 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 more than 600 policyholders resolves 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 resolves 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. Hood scheduled a Tuesday afternoon news conference but was not immediately available for comment. A State Farm spokesman said he could not immediately comment.

The settlement calls for State Farm to pay about $80 million to 639 policyholders, including Sen. Trent Lott, R-Miss., whose claims were denied after Katrina. These policyholders - all represented by a legal team led by high-profile attorney Richard "Dickie" Scruggs - will receive an average of about $125,000.

The settlement also is expected to benefit thousands of other State Farm policyholders in Mississippi who haven't sued the company.

A "class action" component of the deal requires the company to reopen and review claims filed by roughly 35,000 policyholders who live in Mississippi's three coastal counties but didn't file lawsuits against State Farm, the person with direct knowledge of the settlement said.

After reviewing those claims, the company will be required to make new offers and any disputes will be heard by an arbitrator whose decision would be binding, the person said. Depending on how many policyholders qualify, the company could end up paying hundreds of millions of dollars more than that because there isn't be a cap on the amount.

The settlement comes less than two weeks after a federal jury in Gulfport awarded $2.5 million in punitive damages to a couple who sued State Farm for denying their claim after Katrina. A judge took part of that case out of jurors' hands, ruling that State Farm is liable for $223,292 in storm damage to the Biloxi home of Norman and Genevieve Broussard.

Scruggs, a Gulf Coast native whose own home in Pascagoula was destroyed by Katrina, rose to national prominence when he helped negotiate a multibillion dollar settlement with tobacco companies in the mid-1990s.

After Katrina, his legal team sued several major insurers on behalf of hundreds of Gulf Coast policyholders, including Lott, his brother-in-law, whose Pascagoula home was demolished by the storm. Scruggs' legal team also sued Nationwide Mutual Insurance Co., Allstate Corp.'s Allstate Insurance Co., Metropolitan Property and Casualty Insurance Co. and United Services Automobile Association.

Besides State Farm, Hood sued Allstate, Mississippi Farm Bureau Insurance Co., USAA and Nationwide. In addition, Hood has investigated allegations that State Farm and other insurers have fraudulently denied claims after Katrina. Last week, a grand jury in Pascagoula began hearing testimony on those allegations.

State Farm attorneys say a federal grand jury has been probing similar allegations.

Scruggs and other attorneys have accused State Farm of pressuring its engineers to alter reports and change their conclusions on whether Katrina's wind or water was responsible for damage to homes. But the civil cases against State Farm were weakened by a series of court rulings that favored the insurance industry, including a landmark decision in the first trial for a Katrina insurance case.

U.S. District Court Judge L.T. Senter Jr., who presided over the first trial without a jury, ruled in August that Nationwide's homeowner policies cover damage from wind but not storm surge.

Senter, who is expected to review the State Farm settlement, has ordered dozens of policyholders who sued their insurers to participate in an experimental mediation program.

Hundreds of other homeowners who haven't filed lawsuits already have settled their disputes through a mediation program sponsored by Mississippi Insurance Commissioner George Dale.




http://www.wlox.com/Global/story.asp?S=5978702
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#3 Postby MGC » Tue Jan 23, 2007 7:15 pm

This is great news. Now I wonder how the remaining insurance companies are going to handle lawsuits that have been filed against them. Hint: seek an out of court settlement......MGC
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#4 Postby Lindaloo » Tue Jan 23, 2007 10:26 pm

What is funny is now we will never know how they handled those engineering reports to deny claims. I am almost sure that is why they chose to settle. Anything like that comes out they would have to go bankrupt because of the lawsuits that would be in the works. The punitive damage award to the Broussards did not help them any.

Wonder what is going to happen with the federal grand jury probe?
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#5 Postby timNms » Wed Jan 24, 2007 7:30 pm

I'm glad they decided to settle. People deserve better than what they'be been dealt by the INS. companies. It's just shameful that it took almost 2 yrs to get to this point when the INS companies knew full well they were cheating people out of what was rightfully theirs.
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#6 Postby Aquawind » Fri Jan 26, 2007 6:50 am

Wonder what is going to happen with the federal grand jury probe?


I doubt anything. They got off easy from the sounds of it. Franky we need more court decisions to keep these people for cheating customers in the future. Otherwise it's often just you against the insurance industry's massive legal team.
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#7 Postby MSRobi911 » Sat Jan 27, 2007 5:25 am

We have filed suit against Nationwide and we are wondering what they will do. Its funny the same Tim Marshall with Hagg Engineering is the same "structural engineer" (he also told me that he was metorologist) is the one that "assessed our "slab"" on December 21st after Katrina came through on August 29th and this is the same man and same company that was already found guilty in a case about a tornado somewhere.......I want OUR day in court!!! How can the same company (Nationwide) pay wind damage to the people directly East of us (10 feet between property lines) and the people to the West of us.........???? Somehow the wind just didn't blow on our house? It as all water??????? Give a break!

Mary
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#8 Postby Aquawind » Sat Jan 27, 2007 7:12 am

I want OUR day in court!!! How can the same company (Nationwide) pay wind damage to the people directly East of us (10 feet between property lines) and the people to the West of us.........???? Somehow the wind just didn't blow on our house? It as all water??????? Give a break!



:eek: Damn right!! That is BS!! :x
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#9 Postby Lindaloo » Sat Jan 27, 2007 12:20 pm

Judge Senter refused to sign off on the agreement for now. It is not because he does not want them to pay up, it is because the insured are still not protected enough.


Federal Judge Rejects Mississippi Settlement With State Farm Over Homeowner Claims


A federal judge in Mississippi on Friday refused to endorse part of a proposed settlement that calls for insurance payments to thousands of Mississippi policyholders whose homes were destroyed or damaged by Hurricane Katrina.

U.S. District Judge L.T. Senter Jr. would not sign off on a deal between State Farm Fire & Casualty Co. and Mississippi Attorney General Jim Hood for at least $50 million in payments to policyholders whose claims were denied but didn't sue the company.

The Bloomington, Ill.-based insurer also had agreed to pay about $80 million to more than 600 policyholders who sued the company for refusing to cover damage from the Aug. 29, 2005, storm. Senter hasn't been asked to sign off on that part of the deal.

Senter said he doesn't have enough information to determine how many policyholders would benefit from the deal or how much each can be paid.

"In the absence of substantially more information than I now have before me, I am unable to say, even preliminarily, that the proposed settlement establishes a procedure that is fair, just, balanced or reasonable," he wrote.

Senter rejected the settlement "without prejudice," allowing lawyers to present a new agreement that satisfies his concerns.

State Farm spokesman Phil Supple said the company looks forward to "addressing Judge Senter's concerns," adding, "We believe, given the opportunity, he will come to view the proposed settlement as fair, just, balanced and reasonable."

Hood, in a written statement, said State Farm and plaintiffs' lawyers were responsible for negotiating the terms of the "class action" portion of the settlement. Hood added that he had "reservations" about that part of the deal.

"Nevertheless, I knew that Judge Senter would make sure that the class was a fair procedure for all," he added. "I am confident that Judge Senter will make the plaintiffs and State Farm fix the problems he has raised in his order."

Richard "Dickie" Scruggs, a lawyer for the 639 policyholders who have settled their lawsuits with State Farm, said Senter's ruling shouldn't have any affect on the company's settlements with his clients. Scruggs said he expects to begin making payments to his clients next week.

"Case by case, litigation over many years is in nobody's best interest," Scruggs said. "It's our hope that we can quickly address the judge's concerns."

In his eight-page ruling Friday, Senter said that although State Farm has agreed to pay $50 million to policyholders who qualify for the class action portion of the settlement, he can't determine "how thinly this large sum may be spread among the class members."

Senter also expressed concern about a lack of any "guaranteed" payments to policyholders whose homes weren't completely destroyed and said he is "uncomfortable" with allowing many cases to be settled by binding arbitration "when none of these individuals has ever agreed to participate in that procedure."

Mississippi's mass settlement agreement didn't involve any claims in other states.

Lawyers involved in the agreement presented the "class action" portion of the deal to Senter on Tuesday afternoon. That part of the agreement would require State Farm to reopen and review claims filed by roughly 35,000 policyholders who live in Mississippi's three coastal counties but didn't file lawsuits against State Farm.

After reviewing those claims, the company would be required to make new offers. Any disputes would be heard by an arbitrator whose decision would be binding.

The accord came less than two weeks after a federal jury in Gulfport awarded $2.5 million in punitive damages to a couple who sued State Farm for denying their claim after Katrina. Senter took part of that case out of jurors' hands, ruling that State Farm is liable for $223,292 in storm damage to the Biloxi home of Norman and Genevieve Broussard.

Senter is the only federal judge in Mississippi who has been presiding over the hundreds of lawsuits that policyholders filed against State Farm and other insurers.

In the first trial for a Katrina insurance case, Senter ruled in August that Nationwide Mutual Insurance Co.'s homeowner policies cover damage from wind but not storm surge. He also has ordered dozens of policyholders who sued their insurers to participate in an experimental mediation program.



http://www.wlox.com/Global/story.asp?S=5995962
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#10 Postby Lindaloo » Sat Jan 27, 2007 12:23 pm

MSRobi911 wrote:We have filed suit against Nationwide and we are wondering what they will do. Its funny the same Tim Marshall with Hagg Engineering is the same "structural engineer" (he also told me that he was metorologist) is the one that "assessed our "slab"" on December 21st after Katrina came through on August 29th and this is the same man and same company that was already found guilty in a case about a tornado somewhere.......I want OUR day in court!!! How can the same company (Nationwide) pay wind damage to the people directly East of us (10 feet between property lines) and the people to the West of us.........???? Somehow the wind just didn't blow on our house? It as all water??????? Give a break!

Mary


You have a VERY strong case against Nationwide. You should also go after Jay Fletcher for punitive damages. :wink:

Like I told you, Nationwide is not a high risk writer, they never have been. They wrote your policy because they wanted your money. IMO, this is where the damages come into play. They had no intentions of covering your wind damage because you have flood. In the end, if your home had only suffered wind damage, you would still be suing them.
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#11 Postby wxman57 » Thu Feb 01, 2007 4:37 pm

MSRobi911 wrote:We have filed suit against Nationwide and we are wondering what they will do. Its funny the same Tim Marshall with Hagg Engineering is the same "structural engineer" (he also told me that he was metorologist) is the one that "assessed our "slab"" on December 21st after Katrina came through on August 29th and this is the same man and same company that was already found guilty in a case about a tornado somewhere.......I want OUR day in court!!! How can the same company (Nationwide) pay wind damage to the people directly East of us (10 feet between property lines) and the people to the West of us.........???? Somehow the wind just didn't blow on our house? It as all water??????? Give a break!

Mary


I know Tim Marshall well. We had him speak at our hurricane seminar last year. Very reputable guy and quite an expert on wind damage. As I've said many times, the damage in Pascagoula was almost all from storm surge. Winds just barely reached hurricane strength, if that. That kind of wind won't significantly damage a well-built home. Now there could have been spotty tornadoes affecting small areas.

It's strange that Nationwide paid wind damage to the house next to yours. Was it not hit by the surge, too?

And in case you missed it in my other posts, I do know the area well. My mother has lived in Gautier since 1977. Her home was flooded by Katrina (no insurance). But she was above the "flood plain". Why wouldn't someone who lives in a surge zone (the most surge-prone section of the U.S. coast) have flood insurance? It cost my mother under $300/year and her house is 1.25 miles from the Gulf. Was it much more expensive along Beach Street?
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#12 Postby MGC » Thu Feb 01, 2007 5:23 pm

My home is in Pass Christian south of the tracks. Some how, some way I didn't flood. The water came within 100 feet of my place. Since it didn't flood here for Camille, we like most of our neighbors didn't have flood insurance. That has all since changed. We bought flood insurance. We are in zone "C" and costs around 250.00 a year. As I understand it, insurance is more expensive in zones B and A but the risk of flooding is more likely.......MGC
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#13 Postby wxman57 » Sat Feb 03, 2007 10:09 am

MGC wrote:My home is in Pass Christian south of the tracks. Some how, some way I didn't flood. The water came within 100 feet of my place. Since it didn't flood here for Camille, we like most of our neighbors didn't have flood insurance. That has all since changed. We bought flood insurance. We are in zone "C" and costs around 250.00 a year. As I understand it, insurance is more expensive in zones B and A but the risk of flooding is more likely.......MGC


What many may not realize is that a storm surge is just one way your home can be flooded. Tropical systems (not even storms) can produce tremendous rainfall in a short period of time, and this rain can fall hundreds of miles inland. We certainly don't have a storm surge problem in west Houston, 80 miles inland, but remnants of TS Alison dropped 35 inches of rain overnight in some areas. The drains in the streets couldn't handle it and many homes were flooded. So don't just think storm surge when you consider flood insurance. Think tropical thunderstorms that move very slowly. You're probably more likely to be flooded by a slow moving area of thunderstorms than from a hurricane, in fact (unless you're on the MS beaches).
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#14 Postby Lindaloo » Sat Feb 03, 2007 11:48 am

Well wxman, none of the Pascagoula beachfront homes flooded from a thunderstorm. Not even during Camille, imagine that! :roll:
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#15 Postby wxman57 » Tue Feb 06, 2007 11:15 am

Lindaloo wrote:Well wxman, none of the Pascagoula beachfront homes flooded from a thunderstorm. Not even during Camille, imagine that! :roll:


I'm not sure what your point is. I didn't say that the coastal flooding from Katrina was from a thunderstorm. And Camille was moving too quickly in Mississippi to drop more than about 15 inches of rain. But remember the 150 people drowned by Camille's flooding rain (27+ inches) in western Virginia? That wasn't a storm surge.

My point is that flooding can come from a variety of sources, hurricane storm surge being only one source. Rivers can rise from heavy rain upstream. Slow-moving large thunderstorm complexes, particularly those associated wtih remnants of tropical cyclones can dump 30-50 inches of rain over large areas in a 24-hour period.

So if you own a home ANYWHERE, you'd better think twice about not purchasing flood insurance. That goes double if you live anywhere near the coast, even though you're "above the flood plain from a storm surge". Clearly, we don't/didn't have enough data to accurately define the proper height of that "flood plain".

I just find it hard to believe that there were people living along the MS coast who did not think it was necessary to have flood insurance. Yes, my mother was one of them. I didn't realize they had decided to drop flood insurance after they moved to a new home that was 15 feet in elevation after Georges flooded them in 1998. They have it now! It's sad that so many people had to learn the hard way that their homes weren't as safe from flooding as they had thought. What gets me is so many people are blaming the insurance companies for their own failure to purchase flood insurance. My mother only blames herself. We rebuilt her home ourselves.
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#16 Postby Lindaloo » Tue Feb 06, 2007 11:50 am

All the people on the beach had flood except for one family. The people who did have flood had to pay off mortgages. Because house or not, the mortgage still had to be paid.

Also, if you are told that you are not considered a flood zone, then why buy it?

What people are blaming the insurance companies for is those who were reduced to a slab. The adjusters would tell people that flood did that without offering any proof that flood did it. Why do you think State Farm chose to settle wxman? I will tell you why. Because they knew their practice on denying claims would be exposed and it would open them up for crippling lawsuits. Before you start lumping people into a category, get your facts straight okay? :D

My parents knew what happened to them was flood. They did not file a claim with their homeowners. They filed a claim with National flood.

For some of us "sinners" here on the MS Coast we had to learn the hard way, true enough.
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#17 Postby isobar » Tue Feb 06, 2007 12:39 pm

So then the policyholders are saying that their slab homes were not destroyed by water, but wind? Or are they just wanting a proportional compensation for damage estimates that the wind would have likely caused in the absence of water? Complex issue.

I feel so badly for anyone losing their home to a weather event, but the unfortunate truth is I fear that insurance rates along the Gulf coast are going to be unaffordable, if companies will actually write a policy, flood or not. They're a business and have to make a profit or they go bankrupt. And like any business, they will in turn pass additional costs on to the consumer. Sadly, no one wins in the long run except attorneys.
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#18 Postby Lindaloo » Tue Feb 06, 2007 1:00 pm

It was a combination of both.

State Farm had engineers in their pockets to deny claims. Insurance has always been high and when you need it they do not pay. I could careless if they bankrupt, to be honest. They are legalized crooks.

Florida has a law in place that if there is a slab then wind and flood both pay. Unless you have been put into this type of situation then you have no idea what it is like. No one is out to become rich except the insurance industry. It is easy to sit there and pass judgement I guess. You just never know what could happen. Who would have ever thought that a tornado would rip through Florida like that. Insurance companies raise rates based on what COULD happen, not what has happened.
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#19 Postby wxman57 » Tue Feb 06, 2007 1:56 pm

Lindaloo wrote:... snip...

Also, if you are told that you are not considered a flood zone, then why buy it? .... snip


Everyone lives in a "flood zone". It's just a question of the amount of risk. There are very few places in this country that won't flood given enough rainfall. You could be taking a big risk if you opt not to pay the $25/month (or so) for flood insurance if you live in any of the southern states or states bordering the east U.S. coast. Here's some info on flood zones and potential risk:

http://www.floodsmart.gov/floodsmart/pa ... EA32BA3379

As for the wind vs. surge argument, I think most residents east of Biloxi have a pretty poor argument that wind caused significant damage prior to the sturge wiping their homes away. Unless their homes were very poorly constructed, they should have easily withstood the 60-80 mph winds that Katrina produced. Most homes I saw had no damage from wind, maybe a few missing shingles is about it. Generally, it takes winds of 100 mph or greater to begin stripping shingles off. Of course, trees can blow down in much less wind, causing considerable damage if they hit your home.
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#20 Postby Lindaloo » Wed Feb 07, 2007 10:03 am

I didn't know you could pay monthly on flood. I know I have never been able to.

What if there was roof failure from winds? I have seen this happen even in well structured hurricane strapped brick homes. It is up to the insurance companies to prove flood damaged the home when there is a slab. If you think that their practice was okay then there is nothing to talk about. I ask you this though, why in the world do you think State Farm settled?

I also want to note that I am the only one who got it right with the 20 foot wave that hit the Graveline area during Georges. I have the certificate on my wall and commendations from the insurance company I worked for. So wxman, I know what I am talking about. Some of the damage path on the Pascagoula beachfront indicated there were several "miniswirls" in the area prior to the surge.

No one is arguing that flood damaged most of the homes here. The problem is about slabs, wxman. Believe it or not, we are NOT stupid down here!!

Alot of the damaged homes that were still standing had their homes stripped bare of shingles, exposing plywood. So, that blows your theory out the water!
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