Insurance Defense Attorney David Rossmiller, whom Lynda should know from his Scruggs/Delaughter blogging has written extensively on the ACC and argues it does not apply to Hurricanes and was never intended to serve as a trap door to void the very peril for which the policy was purchased. The reasoning is simple, Hurricane losses occur sequentially (in the case of Katrina the wind blows very hard for several hours then the surge arrived) not concurrently (ie a noncovered peril simutaneously with a covered peril).

Again with standard form policies the consumer has no ability to negotiate pricing or terms. Legally this is known as a “contract of adhesion” and clauses that are ambigious are resolved in favor of the insured. Though the courts don’t generally use this line of reasoning with the ACC it doesn’t change the fact that allowing insurers to sell bait and switch policies that contain trap doors is plain bad public policy as it is nothing but a glorified scam.

Finally as other lawyers have pointed out there is also the long standing common law rule that coverage follows premiums. I think that too has it’s roots in preventing the kind of trap doors that void coverage for otherwise covered perils also known as bait and switch scams.

Lynda I took the liberty of reading your comments about Bobby Delaughter on the Folo blog. While the guts it took to post your comments using your real name is admirable I was reminded of the denial remarks I directed at you a day or so ago. In particular I was thinking of DARVO, which a read of your comment on this thread well illustrates. It was also the standard MO at that old Folo blog, a defense mechanism, used to attack Cori and Kerri Rigsby or run you off.

You seem like a decent person and I know your company didn’t act badly but if you want to keep your head buried in the sand please be my guest. The decision makers and our advocates in DC know the score even if the political class that is owned by the insurers up in Jackson pretends otherwise because it is in DC and the Federal Courts that will make the remedies.

Finally back to Bobby Delaughter. When our judges forget that we are a nation of laws rather than a nation of men terrible things happen. The only Judge in this country lazy and intellectually stupid enough to put her name under your new fangled interpretation of the ACC is a right wing idealogue named Edith Jones who is the chief judge in the fifth circuit. One of her more notorious rulings involved upholding the murder conviction of a man whose public defender slept through the proceedings. Suppose Delaugter is innocent like you think, what kind of chance you reckon even an innocent man has with that kind of judge? The politization of our judicial system cuts both ways.

sop

The National Flood Insurance Program offers single-peril coverage for losses caused by flooding only; not for losses caused by wind before any flooding. If Nationwide or any other Write Your Own insurer knowingly billed NFIP for losses caused by winds, they commmitted fraud. They have a contract with NFIP that requires them to handle flood claims and combined wind and flood losses with a fiduciary responsibility to NFIP and federal taxpayers. They are explicitly not allowed to exploit their conflict of interest by billing NFIP for wind losses. They also should be required to explain how they divided the wind loss from the flood loss at each property that suffered damage from both perils, and should be required to prove how much of the loss had been caused by flooding in order to deny coverage under their own policy. In many states, they would not be allowed to ignore this responsibility.
Many of the Katrina wind/water cases involved homeowners who did have flood insurance, but the total loss cannot be assigned to flooding if flooding was not solely responsible for the loss. NFIP is not intended as a taxpayer subsidy of the insurance industry’s liabilities.

and my personal favorite that appears only on Youtube

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So, to recap: The insured could have bought sufficient flood insurance and could have recouped 100% of his loss through that flood policy. And, he could have read his policy, discovered the limitation of his coverage and, at least, made an informed decision about whether to keep that policy or buy something different. He did neither of the these things. And, that why it is HIS fault.

sop

Ah, the proof will problily do little to help whomever. The entire settlements were on my family our names alone are on the courts documents. A trial seeking awards for a class joiner failed, to a failed corporate attempt to dispose toxins which went no further than, you guessed it. My home. If DeLaughter’s past rulings will be reviewed then the court will most likely claim our cause was before someone else. It’s only been 10 years since the settlements.

For someone who loves his family and sought only to care and love them. Not wanting anything to do with what I see as an unreal society. The world is a fake my friends. When things like this happens it happens to people. There’s nothing to the facts or that it occurred to us. It could have been anyone. Even you. The facts in our cause are to open and shut. Any real action would produce results in accordance to the facts or proof very fast. That isn’t here.

I do have a question though. If the feds found out about Bobby’s other dealings after they started his prosecution ie. the backing of major corporations wouldn’t we expect to see exactly what’s going on. I don’t see Bobby taking the blunt of everyone else’s actions while sitting in prison. And one last thing I don’t hate or even dislike any of these person’s they are failures who can not abide by rightousness and I will only be forgiven to the extent that I can forgive. All my personal battles in this matter was with Satan. I couldn’t care less for his servants.