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.
Mississippi ping
What bums. This guy pays the pemiums for years and dumped on.
ping
Take a number, Trent.
I hope he wins the lawsuit and quickly, too. It would set the precedent for others in similar situations all up and down the Mississippi coast to win their settlements. The insurance companies have been weasling out of their contracts by this trick.
he's a dirtbag ...
It's not a trick. Insurance companies don't cover floods. Anyone living on the water for forty years would know that, especially one who makes laws for a living.
Lott tried to game the system, and lost. Too bad Trent. Don't be such a FReepin' idiot next time around.
Storm surge caused by hurricanes is not "flooding", it is hurricane damage. State Farm should pay up. The weasles.
sw
I wonder if he was ever offered the "option" of taking out flood insurance?
Shoulda read the fine print.
Oh come on! He didn't know he wouldn't be covered. Then he's not too smart. I live in a hurricane zone, water damage from rising water is covered under flood insurance...that's the bottom line, and anybody that doesn't know that didn't read their policy.
Why isn't a storm surge a flood? I don't understand how someone could make a distinction.
Storm surge is flooding. It's flooding in the other 48 states and always has been. It was flooding in MS and LA until about six months ago, as well.
To whom are you referring?
No one who lives near the water on the Gulf Coast or the east coast of FLA should be able to buy insurance at any price. If you want to live in such a risky place, foot the rebuilding of your home yourself and don't expect homeowners in Montana to have their premiums go up to cover your losses when the inevitable hurricane blows/washes your house away.
What an idiot. This guy pays premiums for fourty years and he doesn't know that the policy excludes coverage for floods even if caused by wind driven rain. Anyone smart enough to get elected to the US Senate ought to be able to understand an insurance policy.
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