Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Trent Lott sues insurance company over loss of Pascagoula home
Sun Herald ^ | 12-12-5 | ANITA LEE

Posted on 12/16/2005 4:33:38 AM PST by WKB

GULFPORT - U.S. Sen. Trent Lott and wife Tricia are suing State Farm Fire and Casualty Co. over its refusal to cover the loss of their Pascagoula home to Hurricane Katrina.

The Lotts' suit, filed today in U.S. District Court, accuses the insurance company of fraud for denying coverage based on a "flood" exemption and asks that the court order the claim paid. It further asks that the insurance company be prohibited from using the flood exemption to deny coverage.

Attorney Richard "Dickie" Scruggs is representing his sister and brother-in-law in the lawsuit.

The Lotts paid insurance premiums for more than 40 years, according to the lawsuit, believing they would be covered for all losses caused by a hurricane. Katrina left a slab where their waterfront home once stood.

Homeowner's insurance policies in Mississippi and other states cover wind damage but typically include language to exclude flood damage, whether or not it is caused by wind-driven water.

The lawsuit argues that the storm surge was part of the hurricane and can't be considered flooding. It also points out that, under established law in Mississippi, when wind is considered to the "proximate" cause of damage, a claim should be paid even if other factors contributed to the loss.


TOPICS: Business/Economy; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Mississippi
KEYWORDS: katrina; lawsuit; pascagoula; trentlott
Navigation: use the links below to view more comments.
first previous 1-20 ... 301-320321-340341-360361-365 next last
To: Miss Marple

Dear Miss Marple,

"Therre was no reasonable reason for those people to have flood insurance, but they lost everything, and the insurance companies are trying to weasel out of those people's coverage as well."

Indeed. In fact, when I purchased my current house and spoke to my insurance agent about my new homeowners policy, I specifically asked about flood insurance. It is unavailable through regular insurance companies, he told me. You have to get it from the Feds. I said, okay, how do I do that? Because you're not in a 100-year or 200-year (I forget specifically) flood plain, you're not eligible for the federal program.

Like you, I took the rider for earthquakes (even though I live in an area that hasn't been hit hard by a major quake in centuries).

But flood insurance is unavailable - at any price - to me.


sitetest


341 posted on 12/17/2005 8:49:35 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
[ Post Reply | Private Reply | To 79 | View Replies]

To: Jemian
Isn't flooding the result of water? Dunno just asking.
342 posted on 12/17/2005 8:59:38 AM PST by Recon by Fire
[ Post Reply | Private Reply | To 10 | View Replies]

To: NELSON111
That won't leave a slab of a house that withstood Camille. It was surge. Pascagoula, Mississippi, where his house is, got gusts over 100-120...but sustained was below 100 mph. IT wasn't wind damage that his house recieved...it was surge. Most houses built like his can handle sustained Cat 3. The winds in Pascagoula, Mississippi were in the Sustained Cat 2 range with gusts to Cat 3. It wasn't wind.

You are correct. I rode the storm out in Pascagoula and could see the surge coming from about a mile away. I was nine miles from the coast.

343 posted on 12/17/2005 10:18:54 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 138 | View Replies]

To: Strategerist
Katrina wasn't that freakish a storm.

I beg to differ. ANY storm that wipes out New Orleans, Bayou LeBatre, Alabama and EVERYTHING in between is a freak!

344 posted on 12/17/2005 10:23:57 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 147 | View Replies]

To: Labyrinthos; rattrap
Anyone smart rich enough to get elected to the US Senate ought to be able to understand an pay for a flood insurance policy.

Better?

345 posted on 12/17/2005 10:51:16 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 190 | View Replies]

To: mariabush

I'm sure someone else has already told you this, but this person is his brother-in-law.
That would be his sister's husband...


346 posted on 12/17/2005 10:59:37 AM PST by meema (I am a Conservative Traditional Republican, NOT an elitist, sexist , cynic or right wing extremist!)
[ Post Reply | Private Reply | To 123 | View Replies]

To: JeffAtlanta
In any event, why would you say that storm surge is not a flood?

Being from Houston, I have been in many, many floods. During Katrina I was nine miles inland in Pascagoula. I saw the surge coming about a mile away. It was surreal. I was scared. Definitely not the same as a flood.

I can see where a policy might not consider it different and I have no sympathy for folks that could afford flood insurance and chose not to. My beef is with the situations where folks were not eligible for the insurance due to not being in a flood zone but were still wiped out by the surge. i.e. three foot of SALT water in homes 12 miles inland. In these cases the insurance companies should pay, IMO.

347 posted on 12/17/2005 11:10:35 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 221 | View Replies]

To: houeto

Much!


348 posted on 12/17/2005 11:11:20 AM PST by rattrap
[ Post Reply | Private Reply | To 345 | View Replies]

To: meema; mariabush

Whoops! Or his wife's brother...
(Got carried away with sarcasm, sorry)


349 posted on 12/17/2005 11:14:03 AM PST by meema (I am a Conservative Traditional Republican, NOT an elitist, sexist , cynic or right wing extremist!)
[ Post Reply | Private Reply | To 346 | View Replies]

To: numberonepal

Thank you for the link. I am living at Shingle Mill Landing on the Escatawpa River.


350 posted on 12/17/2005 11:28:38 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 225 | View Replies]

To: houeto; Howlin
My beef is with the situations where folks were not eligible for the insurance due to not being in a flood zone but were still wiped out by the surge. i.e. three foot of SALT water in homes 12 miles inland. In these cases the insurance companies should pay, IMO.

From what I understand, everyone is eligible to purchase flood insurance, not just those in flood zones. Now a person may not be able to purchase the government backed flood policies, but I have been told that private will insurance companies will write the policies regardless of whether the property is within a flood zone.

Howlin, could you verify if what I wrote above is correct?

Secondly, why should an insurance company have to pay for damage if there was no policy in place to cover it? Would it make sense to expect your auto insurance to replace your car if you only had liability insurance?

351 posted on 12/17/2005 11:31:51 AM PST by JeffAtlanta
[ Post Reply | Private Reply | To 347 | View Replies]

To: FFIGHTER
The trick is the homeowners insurance will not pay for the damage because it is "flood" damage. The flood insurance will not pay because it is "wind" damage.

My neighbor across the street got one check for the flood damage and another for the wind damage. Guess some companies are better than others.

352 posted on 12/17/2005 11:48:16 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 247 | View Replies]

To: mcg2000
he's a dirtbag ...

Yeah, a guy, no matter who he is, pays premiums for 40 years and expects the insurance company to make good on their policy.

The son of a bitch. Who does he think he is???

353 posted on 12/17/2005 11:55:57 AM PST by Popman (In politics, ideas are more important than individuals.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Sam Cree; SuziQ
Suzi, in all honesty, I think that what happened with Katrina was fairly predictable.

I cannot possibly see how.

A similar event hasn't happened for many many years;

Not in the history of weather keeping.

in a way it's as if our civilization along the Gulf Coast grew up without having to think about or consider such a catastrophe.

I lived in Gulfport in 1969 when Camille roared through. That storm has been called the "Storm of the Century". It has been used as the benchmark ever since. Here in Pascagoula there was no widespread destruction.

But my opinion, fwiw, is that the knowledge was there for those who knew to seek it out.

I cannot reach this same conclusion.

354 posted on 12/17/2005 12:38:52 PM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 295 | View Replies]

To: houeto; JeffAtlanta
My beef is with the situations where folks were not eligible for the insurance

Anybody in the United States can buy flood insurance.

355 posted on 12/17/2005 12:50:14 PM PST by Howlin
[ Post Reply | Private Reply | To 347 | View Replies]

To: houeto; FFIGHTER
My neighbor across the street got one check for the flood damage and another for the wind damage. Guess some companies are better than others.

Home Owners insurance pays for the damage "from the flood line up."

356 posted on 12/17/2005 12:51:46 PM PST by Howlin
[ Post Reply | Private Reply | To 352 | View Replies]

To: houeto
"I cannot reach this same conclusion."

Neither can many people. Nevertheless, it is known, and has been known for some time, how powerful hurricanes can get, how large the diameter of hurricane force winds can be, how high a surge can be, and how these things could affect the Gulf coast.

Katrina is not even the worst case scenario, far from it. It could have been worse. Camille, while exceptionally powerful, was a small in diameter storm.

None of this is even arguable.

357 posted on 12/17/2005 12:56:33 PM PST by Sam Cree (absolute reality) - "Reality is merely an illusion, albeit a very persistent one." Albert Einstein)
[ Post Reply | Private Reply | To 354 | View Replies]

To: JeffAtlanta
From what I understand, everyone is eligible to purchase flood insurance, not just those in flood zones.

See post #341. There have been several on this thread that have stated the same thing.

358 posted on 12/17/2005 1:02:52 PM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 351 | View Replies]

To: meema

Trent is an only child, so it wouild be his wife's brother.


359 posted on 12/17/2005 1:03:26 PM PST by Coldwater Creek ("Over there, over there, We won't be back 'til it's over Over there.")
[ Post Reply | Private Reply | To 349 | View Replies]

To: Jemian
As a waterfront property owner in hurricane alley, I can assure you that your position is ludicrous. Those who live in a flood zone and don't carry flood insurance are playing dangerous odds during hurricane season.

Trent Lott should be ashamed for his lawsuit.

360 posted on 12/18/2005 6:08:52 AM PST by NautiNurse (The greatest crime since World War II has been U.S. foreign policy - Ramsey Clark)
[ Post Reply | Private Reply | To 46 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 301-320321-340341-360361-365 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson