STATE FARM'S HEAD ON A PLATTER
What Gulf Coast Congressman Gene Taylor wanted the Easter Bunny to bring him.
South Mississippi Living 4/07
Showing posts with label insurance reform. Show all posts
Showing posts with label insurance reform. Show all posts

Monday, August 20, 2007

Consumer Advocates Help Defeat Allstate's Efforts to Hide its Post-Katrina Pay-Out Procedures

SANTA MONICA, Calif., Aug. 20 /PRNewswire-USNewswire/ -- Allstate Insurance Company will not be allowed to hide trial exhibits that include the company's pay-out procedures for Hurricane Katrina claims thanks, in part, to efforts by Public Justice, a national public interest law firm headquartered in Washington DC, and the California-based Foundation for Taxpayer and Consumer Rights (FTCR).

On August 16, United States District Judge Sarah Vance in New Orleans refused to seal the trial exhibits in Weiss v. Allstate, the case of a New Orleans couple who earlier this year won a $2.8 million verdict against Allstate for illegally refusing a hurricane- related claim. In so ruling, the Court noted that "[p]ublic access serves to enhance the transparency and trustworthiness of the judicial process, to curb judicial abuses, and to allow the public to understand the judicial system better."

The documents are available for download at:
http://www.consumerwatchdog.org/insurance/AllstateKatrina/.

"We are thrilled that the Court has rejected Allstate's request to seal these exhibits," said Public Justice Attorney Michael Lucas, lead counsel for FTCR. "This ruling vindicates the public's right to know and it prevents Allstate from hiding its behavior in the wake of Hurricane Katrina."

Several months after the jury verdict in Weiss, the insurance company had asked the court to either return or seal the trial exhibits, which include Allstate's manual for handling claims and an operational guide for subcontractors engaged to work on Katrina-related damage. Representing FTCR, Public Justice opposed Allstate's request on the ground that the trial exhibits provide insight into Allstate's decision-making process and that denying public access to them "would directly impede FCTR's mission of educating the public about insurance practices and abuses." The motion to seal was also opposed by plaintiffs' counsel in the case.

In refusing Allstate's request for secrecy, the Court specifically rejected Allstate's argument that public access to the trial exhibits would cause it prejudice in other litigation involving hurricane-Katrina claims, holding that "[w]hen, as here, the documents are in the possession of the court as trial exhibits, the case is even stronger for permitting other litigants to have access to them." The Court further ruled that Allstate had failed to identify any specific reason why disclosure of the materials "might be harmful to Allstate's competitive position."

"Allstate clearly did not want to disclose the internal proce-dures by which it handled the claims of Katrina survivors, but the public and policymakers have a right to know why and how insurance companies make decisions to pay or not to pay in the wake of disasters," said FTCR' Executive Director Doug Heller. "This ruling will prevent Allstate from using the court system as a cloak of secrecy."

Public Justice Staff Attorney Leslie Brueckner and cooperating counsel Brian D. Katz, Stephen J. Herman, Joseph E. Cain, and Soren E. Gisleson of Herman Herman Katz & Cotlar, LLP in New Orleans are also representing FTCR.

Read the court order and briefs for Weiss v. Allstate at
http://www.publicjustice.net/briefs_documents.htm.

SOURCE: Foundation for Taxpayer and Consumer Rights

Related sources:

  • http://www.consumerwatchdog.org
  • http://www.publicjustice.net


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    Wednesday, August 08, 2007

    Gary Anderson Wins: Post-Katrina Justice Rules!!

    by Ana Maria

    In a gloriously magnificent upset electoral victory, Democratic candidate Gary Anderson defeated George Dale 51-49% to become Mississippi’s first African American Democratic nominee for Insurance Commissioner. Anderson’s pro-consumer position resonated throughout the state sending George Dale packing after 32 years in office.

    Just two years after Hurricane Katrina ravaged the Mississippi Gulf Coast, voters from the three coastal counties definitively voted for Anderson in a sharp slap in the face to George Dale who had come to epitomize Big Insurance. The three tiny beach towns comprising Katrina’s ground zero reside in Hancock and Harrison counties. Voters in those counties cast ballots for Gary Anderson at a rate of 69% and 82% respectively. Jackson County, which is Mississippi’s third county on the eastern end of the Gulf Coast, voted for Gary Anderson over incumbent George Dale at a rate of 76%. Voter revenge? You bet.

    Anderson’s appeal to rededicate the state’s insurance commissioner position to the tradition of protecting consumers from the ravages of Big Insurance resonated throughout the state. For example, 67% of voters cast their ballots for Anderson over Dale in Hinds County where George Dale lives. The state’s capitol city of Jackson is in Hinds County, which is in the middle of the state. The Clarion Ledger, Jackson’s daily newspaper, endorsed Dale. Ooops! By a wide margin, voters must have ignored the paper’s perspective that they’d be in good hands with Ol’ George.

    Of course, George Dale did his best to convince voters that his primary job was to prop up insurance companies rather than protecting policyholders. George Dale told voters that Katrina was “the worst natural disaster in U.S. history . . . and put an undue burden on insurance companies.

    Mississippi voters cast their ballots which reflected their agreement with Maurice "Hank" Greenberg, the “billionaire insurance titan” who stated "We are in the insurance business. We are in the risk business. And if you start taking away every risk that industry is exposed to, then what do you need an insurance company for?"

    Licking their Wounds
    We can count on the Dale campaign spending endless hours commiserating over what went wrong . . . with the campaign. What it will not do is entertain the idea that the campaign was doomed from the get go. No amount of nuancing, no amount of strategizing, no tactical preparations could remove from the campaign its fundamental flaw.

    George Dale didn’t do his job, and many, many, many families, businesses, communities, schools, cities, towns, non-profits, and places of worship suffered—and continue to suffer—needlessly.
    The Dale Campaign will surely be licking their wounds for a while. However, they may never see that the candidate inflicted those wounds upon himself.

    Pundits Predicted Appallingly
    Some pundits predicted that voters along the Gulf Coast would not show up to the polls. They were, uh, wrong. Some predicted that the more northern counties would carry Dale to victory. Wrong again. Some predicted that Mississippians wouldn’t cast their ballot for an African American man over a white, good ol’ boy who’s entrenched in the Old South way of doing business. Wrong, wrong, wrong.

    What happened?
    George Dale epitomized Big Insurance, which the whole world now knows is starving Gulf Coast businesses and families of the funding that would power up the engine to recovery. The elephant in the middle of the room is Big Insurance. With George Dale out of office, we now have a chance to address the issue and remedy the problems caused during his tenure and with his help.

    Breaking its legal contracts with policyholders, Big Insurance has wrongfully denied families and businesses the money required for rebuilding. George Dale sided with the insurance companies. These very same families and business owners went to the polls and cast their ballots for Gary Anderson, rejecting Dale’s business as usual approach.

    Rather than rolling out the red carpet for the insurance companies as George Dale has done, Gary Anderson campaigned on a platform that includes creating a criminal investigations division. That Anderson has to set up a criminal investigations division means that George Dale never did in spite of 32 years in which to do so. Without a criminal investigation arm, Dale assured his insurance industry friends that they had nothing to fear. With Anderson's win, Dale's Big Insurance friends now have something to fear.

    Lacking Imagination
    Neither Dale nor the insurance industry counted on voters raging over their post-Katrina greed . . . and actually channeling their rage into the ballot box. Clearly, they never imagined that Gary Anderson could mount an effective campaign to tap into that voter rage and channel it into his own electoral victory on behalf of all of Mississippi consumers. Well, that’s what a lack of imagination will do for you.

    Jacking Up Premiums
    In obscene fashion, Big Insurance has jacked up the cost of insurance throughout Mississippi—just as it has done in California, Oklahoma, and elsewhere in the nation. George Dale authorized each of those jacked up premiums. Voters took note and cast their ballots that vetoed Dale’s rubber-stamping the industry’s greed-driven premium hikes.

    Pocketing Industry Funds
    While Dale raked in hundreds of thousands of campaign dollars essentially flaunting his torrid affair with an industry that has wreaked havoc on Mississippians, Gary Anderson signed a pledge not to take contributions from insurance companies or executives.

    When talking with A.M. in the Morning! recently, Hancock County Chamber of Commerce Executive Director Tish Williams said the biggest impediment to recovery remains the cost of insurance. Ms. Williams added that right up behind that is finding employees, which is problematic because there is no housing. The housing, she added, goes right back to the issue of insurance. So, insurance is the biggest impediment to recovery.

    Post-Katrina Justice Rules!
    The election of staunchly pro-consumer candidate Gary Anderson is the outcry for removing that impediment. While Big Insurance may now be heard crying in it beer over losing its sweetheart in the Mississippi Insurance Commissioner’s office, we can be heard happily singing a new tune with the election of Gary Anderson as the Democratic nominee for the state’s Insurance Commissioner. Post-Katrina Justice Rules!


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    Friday, July 27, 2007

    With Katrina's Wind at Our Backs, We're Blowing Through Congress!!

    With Katrina’s Wind at Our Back, We Blow Through Congress
    by Ana Maria

    With a force seemingly more powerful than that of Katrina herself, the House of Representatives Financial Services Committee passed the Flood Insurance Reform and Modernization Act of 2007 keeping in tact the Multiple Peril Insurance Act that had recently been attached to it. In every day language, this means that the Democratically-controlled Congress just took a major step forward in protecting the 55% of Americans who live within 50 miles of the nation’s beautiful coastline. Score one for American families and businesses!


    This began nearly two years ago with the insurance companies apparently devising a scheme though which to rip off Mr. and Ms. Home or Business Owners who had just been through the nightmarish Hurricane Katrina with her 22 tornadoes and winds at landfall that were at least 135 miles per hour. Katrina's winds beat down residences and businesses for up to three to four hours. Insurance companies like State Farm, Nationwide, and Allstate directed their agents that if so much as a smidgen of water were on the property to blame all the sustained damage on water.

    Those directives and the subsequent documentation on how they were carried out are the foundation for the racketeering (RICO) lawsuit that the Scruggs Katrina Group filed against State Farm and its two corporate partners. [See State Farm, Partners, and RICO: What a Racket! It's another piece I did. You'll love it.]

    ABC News was able to obtain a copy from State Farm files of the original FAEC [Forensic Analysis & Engineering Corp.] damage report, which included the image of an attached "Post-it" note that read, "Put in wind file - do not pay bill - do not discuss"

    Image at ABC's The Blotter.

    The agents for the federal government’s flood insurance program were the very same agents for State Farm, Nationwide, and Allstate and the like. Insurance companies handed down their directives: Do the paper work shuffle, leave your conscience at the door that Katrina blew away, and deliver the bad news to Mr. and Ms Home or Business Owners.

    Routinely, the news went something like this.

    Mr. and Ms. Homeowner, your wind policy on your homeowner’s insurance won’t pay for any damage. We want to keep to ourselves the $108 billion in profits our industry will make in 2005 and 2006. We have faith that you’ll be ok in spite of our reckless, selfish, irresponsible behavior. We’re greedy bastards who show up religiously at church. We’ll be praying for ya! Do I hear an amen! God bless.
    Well, we have been blessed. We have Gulf Coast Representative Gene Taylor (D-MS), a heroic congressman who lost everything in Katrina, whose insurance company screwed over him and his family with failing to pay a penny before resorting to a lawsuit, whose own constituents were experiencing the same level of anguish that he and his family were experiencing.

    We are blessed because Congressman Gene Taylor pulled out from the depths of his soul an indefatigable strength to carry on personally and professionally to champion this cause to ensure that America’s families and businesses all over the country never again are exposed to the ravages of corporate greed that has become so apparent in our nation’s insurance industry. To that I say Amen!

    President Bill Clinton said something along these lines, “There isn’t anything wrong with America that can’t be made better by what’s right with America.” What is happening with this insurance reform bill is a fantastic example of Clinton’s wise words.

    We are blessed because down here in Katrina Land, we reflect the rich tapestry that makes our nation envied the world over. We are of African, European, and Asian descent. We come from Central and South America. Our music is lively and soulful. Our food is hot, strong, and spicy. Our determination to persevere is strong.

    To achieve the justice that every home and business owner in America requires in the aftermath of a natural disaster will require that all of us remain determined to persevere through the laborious and slow legislative process that is our form our government.

    We can achieve this. The first step is to believe we deserve it. We do deserve it, and now we must embrace that very idea. The second is to believe that it is possible. We have proof that it is. The vote in subcommittee last week—along party lines, I might add, and the vote yesterday—again along party lines with a few conscientious Republicans joining the leadership of every Democrat on the committee. We have achieved step two.

    The next step is to take concerted steps in the direction of this legislative dream. You know what that means! It’s political hell raising time. Woohoo! The very next vote will be in the entire chamber of the House of Representatives. It could be as soon as next week before the congress breaks for its August recess. We can say that to achieve our political dreams, we must engage in a bit of political hell raising. What fun!

    In the aftermath of Katrina, with the malice of forethought the insurance industry engaged in deceptive practices intent to steal from American home and business owners the benefits that they had paid to have. Through our own political hell raising, we can end the deceptive financial charade of the insurance industry.

    We must contact our own congressional representatives and let him or her know that we support the Flood Insurance Reform and Modernization Act of 2007 ESPECIALLY because it includes the Multiple Peril Insurance Act which protects America’s families and businesses.

    Sharing our perspective on this critical matter is how we protect our families through expanding the flood insurance program to include wind coverage. Sharing our perspective is how we put a gust of powerful wind under our political sails—and sail into the next round of legislative victories for ourselves, our families, and our businesses.

    [Here are political hell raising email and phone activities.]

    If you enjoyed this, you may also wish to read . . .
    Bookies, Pimps, and Insurance Companies.
    Commercial insurance rates will crush small businesses

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    TAYLOR'S CRUSADE WINS ONE

    Flood program expansion approved by House panel

    By MARIA RECIO
    SUN HERALD WASHINGTON BUREAU

    WASHINGTON -- The House Financial Services Committee voted Thursday to make a dramatic change in federal disaster insurance by expanding the national flood insurance program to cover wind damage.

    The 38-29 vote, largely along party lines, in favor of the Flood Insurance Reform and Modernization Act of 2007 was spurred by a pledge House Speaker Nancy Pelosi, D-Calif., made after Hurricane Katrina to the coastal communities of Mississippi and Louisiana.

    Pelosi will lead a bipartisan delegation to the region in mid-August before the second anniversary of the hurricane, appearing at Bay St. Louis' Our Lady of the Gulf Catholic Church on Aug. 13.

    The vote is a personal victory for Rep. Gene Taylor, D-Bay St. Louis, who lost his home in Katrina. Taylor has made it a crusade to explain to members how the current system creates a shortfall with private insurance companies covering wind damage and the federal government covering water, resulting in a bias by insurers who administer the flood program to label all damage "water."

    "This really helps people in all coastal areas," said Taylor, noting residents in North Carolina, Florida, Georgia, Alabama, Maine and New York would be able to purchase the expanded coverage, as well as in his home state of Mississippi. "Fifty percent of all Americans live in coastal areas."

    Under the committee-approved bill, policyholders of the flood insurance program would be able to purchase wind insurance policies as well. The policies would not be available for those seeking exclusively wind coverage.

    The multiple-peril residential policy limit would be set at $500,000 for the structure and $150,000 for contents. The bill increases the maximum coverage for flood insurance policies from $250,000 to $335,000 for residences.

    House Financial Services Committee Chairman Barney Frank, D-Mass., said the expanded program would pay for itself through actuarially determined premiums. "What does it cost (taxpayers)? Nothing," said Frank. "It is revenue neutral." He said the bill was necessary because "in the Gulf situation, it was difficult to tell, if not impossible, wind damage."

    The legislation encountered stiff resistance from Republicans who said it exposed the federal government to steep liability at a time when the insurance fund was essentially bankrupt. Insurers and consumer groups are opposed to the expansion, warning losses will dramatically increase as claims rise.

    "I am not ready to support shifting the burden of wind damage to a plan that is nearly $18 billion in the red," said Rep. Spencer Bacchus, R-Ala., the committee's ranking Republican. The flood insurance program had to borrow $17.5 billion more than it took in because of Katrina-Rita claims.

    The legislation makes reforms in the program, increases premiums, phases out subsidized rates paid by vacation-home owners and raises the borrowing authority.

    Republican members offered several amendments stripping or delaying the wind provision from the bill, but they were defeated. Rep. Judy Biggert, R-Ill., who opposed the addition of wind coverage until Congress studies the issue further, complained the controversy could sink the legislation.

    "This is really adding a poison pill to flood insurance reform bill," said Biggert. Frank acknowledged the bill was controversial but said it would be ready for a floor vote in September.
    Taylor predicted the bill would pass on the House floor and hopes in the Senate he can turn to Senate Minority Whip Trent Lott, R-Miss., who also lost his home to Katrina
    Democrats, led by Rep. Maxine Waters, D-Calif., chair of the panel's housing and community opportunity subcommittee, recently attached the language from Taylor's bill on "multiple perils" to the flood insurance reauthorization bill.

    But Rep. Jeb Hensarling, R-Texas, questioned whether the plan would stay budget-neutral. "I know from experience that these designs don't always work out the way they're supposed to." He said, "I'm still not convinced the private insurance market won't work."

    Rep. Mel Watt, D-N.C., countered that the post-Katrina insurance response "was a massive failure of the private sector. There are still people down there who haven't been paid."

    Flood Insurance Reform and Modernization Act of 2007 Here are the key features of H.R. 3121:

    • Increases the amount FEMA can raise policy rates in any given year from 10 percent to 15 percent.
    • Extends multiple-peril policies for wind damage where local governments agree to adopt and enforce building codes and standards designed to minimize wind damage.
    • Allows any community participating in the flood insurance program to opt in to the multiple-peril option. The multiple-peril residential-policy limit is $500,000 for the structure and $150,000 for contents. Nonresidential properties could be covered to $1 million for structure and $750,000 for contents and business interruption.
    • Increases the maximum coverage limits for flood insurance policies. New coverage limits would be $335,000 for residences, $135,000 for residential contents, and $670,000 for businesses and churches.
    • Phases in actuarial rates for vacation homes and nonresidential properties beginning Jan. 1, 2011.



    HOUSE FINANCIAL SERVICES COMMITTEE

    Original article at Sun Herald published July 27, 2007.



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    Sunday, July 15, 2007

    Summary of H.R. 920, the Multiple Peril Insurance Act

    From the Office of Rep. Gene Taylor

    Cosponsors: Maxine Waters, D-CA; Bobby Jindal, R-LA; Charlie Melancon, D-LA; Walter Jones, Jr. R-NC; William Jefferson, D-LA; Jo Bonner, R-AL; Carolyn Maloney, D-NY; Emanuel Cleaver, D-MO; Al Green, D-TX; Wm. Lacy Clay, D-MO; Edward Markey, D-MA; Lincoln Davis, D-TN; Rodney Alexander, R-LA; Donna Christensen, D-VI; Bennie Thompson, D-MS; Henry Cuellar, D-TX; Danny Davis, D-IL; Neil Abercrombie, D-HI; Jeff Miller, R-FL; Timothy Bishop, D-NY; Sheila Jackson-Lee, D-TX; Alcee Hastings, D-FL; Carolyn C. Kilpatrick, D-MI; Donald Payne, D-NJ; Corrine Brown, D-FL; Loretta Sanchez, D-CA; Steve Cohen, D-TN.

    H.R. 920, the Multiple Peril Insurance Act, would create a new program in the National Flood Insurance Program to enable the purchase of wind and flood risk in one policy.

    The bill requires premiums for the new optional coverage to be risk-based and actuarially sound, so that the program would be required to collect enough in premiums to pay claims.

    Multiple peril policies would be available where local governments agree to adopt and enforce building codes and standards designed to minimize wind damage, in addition to the existing flood program requirements for flood plain management.

    Any community participating in the flood insurance program could opt into the multiple peril option, but the greatest demand for the product will be in coastal areas that face both flood and wind risk from hurricanes and tropical storms. Insurance companies are withdrawing from coastal areas and forcing state-sponsored insurers of last resort to take on much more disaster risk.

    The Multiple Peril Insurance Act would allow homeowners to buy insurance and know that their damage from both wind and water will be covered. This is primarily a concern after a hurricane where the worst destruction is caused by a combination of wind and flooding. Homeowners would not have to hire lawyers, engineers, and adjusters to determine what damage was caused by wind and what was caused by flooding.

    This bill would set residential policy limits at $500,000 for the structure and $150,000 for contents and loss of use. Nonresidential properties could be covered to $1,000,000 for structure and $750,000 for contents and business interruption.

    Once the program is enacted, a private insurance market should develop to offer coverage above the limits. This would allow insurance companies to design policies that would have the equivalent of a $500,000 deductible for residential properties or a $1 million deductible for nonresidential properties.


    Section by Section of H.R. 920,
    the Multiple Peril Insurance Act

    Section 1. Short Title

    “Multiple Peril Insurance Act of 2007”

    Section 2. Flood and Windstorm Multi-peril Coverage

    Adds a new program to the National Flood Insurance Program to enable the
    purchase of insurance covering losses resulting from flood and/or windstorm;

    Multi-peril coverage is available only where the local government has adopted standards designed to reduce windstorm damages; (Flood standards already required by NFIP)

    No duplicate coverage with multi-peril coverage and NFIP flood coverage;

    Multi-peril policy covers damage from flooding and/or windstorm without requirement to distinguish flood damage from wind damage;

    Premiums must be based on risks according to accepted actuarial principles;

    The Director shall issue regulations setting the terms and conditions of coverage;

    Aggregate policy limits are as follows:

    Residential Structures - $500,000 for single-family dwelling; $500,000 per dwelling unit for structures with more than one unit; $150,000 per unit for combination of contents and increased living expenses for loss of use;

    • Nonresidential Structures - $1,000,000 for structure; $750,000 for combination of contents and business interruption coverage.

    Section 3. Prohibition Against Duplicate Coverage

    Adds the prohibition against duplicate coverage to the existing flood program.

    Section 4. Compliance with State and Local Law

    No new coverage for any property that is in violation of local building and zoning
    requirements designed to reduce windstorm damages.

    Section 5. Criteria for Land Management and Use

    The Director shall carry out studies to determine the appropriate standards for windstorm damage prevention, and establish criteria based on those standards.

    Section 6. Definitions

    Windstorm is defined as any hurricane, tornado, cyclone, typhoon, or other wind event.



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    Saturday, July 07, 2007

    Recovery’s Two Major Impediments: $$$ and the “F” word

    This is the second in a series of five to help the Democratic Party, particularly its presidential hopefuls, to get the framework right, to broaden its lens through which it views Katrina, what’s stopping recovery, what will speed up a vibrant recovery, and how Katrina affords us the opportunity to transform the basic quality of life for all Americans.

    Our recovery has two speeds: s-l-o-w and s—l—o—w—e--r. One reason is a lack of money both from the insurance companies and from FEMA. Today, we’ll talk about money and the insurance industry.

    Tomorrow, we’ll talk about the other reason for this unacceptably s-l-o-w recovery: the abysmal lack of appropriate and innovative leadership from those sitting in our White House. Hands down, there is no better example of this than Bush’s FEMA. But we’ll just have to wait ‘til tomorrow to skewer that subject.

    Money
    Money would solve nearly all of the problems we face in reviving our lives, jobs, communities, cities, and region and to do so in innovative ways so that we protect the wetlands throughout the region while implementing a world class environmentally sound levee system like that in the Netherlands.

    Money will help us to recover in a way that adopts the best of the best practices for everything from low income housing to public education. Rather than the painfully s-l-o-w way experienced since Bush finally decided to end his infamous month long vacation a few days after Katrina ravaged the area, money will infuse the area with much needed cash . . . and infuse the area with a much needed emotional and psychological lift in spirits.

    We need money to rebuild the infrastructure of our cities for things like roads, firehouses, school buildings, drains, street signs, stop lights, stop signs, and light posts. We need money to rebuild public buildings such as court houses, city halls, and other government offices Katrina destroyed.

    Businesses need money to rebuild their buildings and replace the contents inside of those buildings.

    Families need money to rebuild their homes whether those homes were in the 9th Ward at one end of the economic spectrum or in Lakeview, a New Orleans neighborhood at the other end of the economic spectrum. Families need money for their homes located in Slidell, Louisiana, which is just east of New Orleans or Long Beach, Gulfport, Biloxi, Ocean Springs, and Pascagoula, Miss., on the far east of the Mississippi Gulf Coast. Money is needed to completely rebuild the towns of Pearlington, Waveland, Bay St. Louis, and Pass Christian, Miss.,— each of which Katrina wiped clean and which comprise Katrina’s ground zero. (Yes, Katrina’s ground zero was in Mississippi, about 60 miles or so east of New Orleans.)

    Money will help the Katrina region retain the dignity of its residents be they a disabled veteran, a senior citizen, a working class laborer, a computer geek, hair dresser, janitor, teacher, nurse, doctor, realtor, oil rig worker, etc. and so forth.

    A major bottleneck for getting money to where it needs to go rests with Bush’s FEMA and the insurance companies. We certainly pay plenty enough taxes to expect FEMA to be here pronto stat when we need the agency to help communities, businesses, and families get back on their feet. We don’t expect amateur hour or some version of “Whose job is it anyway?” to be played.

    We expect insurance companies to own up to their financial obligation and promptly pay on the wind insurance policies when its customers appropriately submit claims. We need that kind of confidence in our financial markets. Insurance companies are part of our financial security be it for our health, car, life, or home.

    If we are going to insure what is clearly the greatest financial asset for most American families—our homes, then we must have insurance entities in whose hands we have complete confidence and on which we can depend–just like a good neighbor.

    The way that insurance companies have turned their backs on the very customers who have paid the premiums that created the industry’s $108 billion profit in 2005 and 2006, they ought to be ashamed of themselves. Their greed is downright sinful, and the means by which the companies attained their wealth seems criminal. As a result of failing to pay on the legitimate wind claims, families and businesses cannot return to their homes, livelihoods, communities. What’s happening here is not unique except in its scope.

    Private insurance companies are raising rates to astronomical levels for significantly less coverage for commercial and residential policies. They are also choosing to stop writing new policies not just here along the Gulf Coast but also all over the country from the West Coast to the Mid-West to the East Coast.

    The private companies have not just failed us but also are deliberately abandoning American families and businesses everywhere just as it did in the 60’s with regard to flood insurance. The private sector simply begged off of it. That is the reason that the federal government stepped up to the plate and began its flood insurance program in 1968. And so it is again with Gulf Coast Congressman Gene Taylor’s proposed Multiple Perils Insurance Act of 2007 to include windstorms, floods and other purposes in the Federal Government’s Flood Insurance Program. The insurance industry’s insatiable insanity demands we act quickly to protect our families, our homes, and our businesses.

    The Insurance Industry’s Insatiable Insanity

    Insurance Company Documents

    Nationwide on 9/4/2005: “if loss is caused by both flood and wind there is no coverage.”

    State Farm instructions to adjusters on 9/13/2005: “where wind acts concurrently with flooding to cause damage to the insured property, coverage for the loss exists only under flood coverage.”

    The documents from which the above excerpts have been taken, certainly appear to indicate that the insurance companies have deliberately directed its workers to refuse to pay legitimate claims from its policyholders. No wonder we need to pass the Multiple Insurance Act of 2007! (For more information on these documents, read Wind? Water? More like a bunch of hot air!)

    When these private companies refuse to own up to their financial responsibilities, who do these companies stiff with their financial tab? That’s right! The federal government’s flood insurance program and policy holders like you and me.

    The federal government contracts with the private insurers to adjust the claims for the federal insurance program. The private companies send the bills to Uncle Sam’s insurance program for payment. That sounds all fine and dandy until something like Katrina hits and the insurance industry ends up in a position where it determines whether to pay the full amount of wind damages for which it is fully responsible or to shift its own costs to the U.S. taxpayers through pushing off claims to Uncle Sam’s federal flood insurance program.

    This is an obvious conflict of interest that Gulf Coast Congressman Taylor proposes to remedy with passage of the Multiple Perils Insurance Act of 2007. The amount of damages not covered by the flood insurance are born by the policy holders themselves. There are two reasons for this. First, for those permitted to buy flood insurance, the policy severely limits coverage and whenever damages exceeded the limits, those costs were then shifted to the policyholders themselves.

    Secondly, many businesses and homeowners were prohibited from buying flood insurance because their homes and/or businesses were not in a flood zone. So when an insurance carrier wrongfully (and deliberately) asserts that the damage came from flooding and not from wind, the policyholder is left to finance the damages.

    We can participate in stopping these financial shenanigans. We can do our usual political hell raising to make this a legislative reality for our families and businesses all across the country. Call or email your congressional representative to voice your support for Taylor’s Multiple Perils Insurance Act of 2007. The bill will be discussed in the next few weeks when the Flood Insurance Program comes up for reauthorization. Click on the hyperlink to go to a page with a sample email and phone script you are free to use as you desire. There is also a link to find your representative’s contact information. Just let your fingers do the walking.

    Congress Dems and the Katrina Task Force
    As far as I’m concerned, Congressman Taylor is THE Congressional Democratic expert taking the lead on Katrina recovery. When the Democratic Caucus created a Katrina Task Force right after the hurricane hit, Taylor stepped up to the plate to chair it. The task force has issued an 18 page report of legislative recommendations. Katrina and Beyond: Recommendations for Legislative Action which included the following.
    1. Investigate the Katrina claims practice of insurance companies that contract with the National Flood Insurance Program.
    2. Repeal the federal antitrust exemption as it relates to price-fixing, bid-rigging, or market allocation in the market for property insurance.
    3. Establish all-perils disaster insurance coverage backed by the federal government.
    4. Rebuild levees and flood controls to higher standards.
    5. Relieve FEMA of its recovery mission and reassign those responsibilities to the appropriate federal agencies.
    6. Reform FEMA contract procedures to eliminate cost-plus noncompetitive contracts.
    These are practical steps to remove the barriers to returning home and rebuilding communities and cities after natural disasters such as Katrina.

    The staff of NPR and the Democratic presidential hopefuls would do well to call Taylor’s office to talk with even the most junior member on staff whom I am certain can cite chapter and verse of what is wrong and how to solve the problems. Senator Mary Landrieu (D-LA) who was raised and has strong family roots in New Orleans, is also a strong leader in Katrina recovery. Her office is surely to goodness another fabulous resource that researchers should tap for real-time information and solutions that address problems stemming from Katrina.

    Preventing Collusion in the Insurance Industry
    Closing the insurance industry’s loophole on anti-trust laws is another solution to the problems we’ve uncovered down here. The goal is to make it so that the insurance companies cannot engage in such things as price fixing or bid-rigging. At present, they are only one of two industries allowed to engage in any of these things and to do so with impunity as far as the law is concerned.

    Let’s think about this a minute. Here at Katrina’s ground zero in Bay St. Louis, Miss., we’re in the middle of casino country. Can you imagine how many customers casinos would have here or in Vegas if they rigged everything and wouldn’t pay out the winners? Casinos don’t engage in this behavior, because the industry is regulated like crazy, as it should be. We need insurance reform to protect American families and businesses in both the property and casualty and health care insurance arenas. Insurance reform is a bread-and-butter issue for families and small businesses that the Democratic Party should immediately embrace and aggressively push.

    The Senate’s Democratic Leaders have put together legislation (S.618) to strip the insurance companies of its 62-year old exemption from the nation’s anti-trust laws. U.S. Senators Mary Landrieu (D-LA) and Trent Lott (R-MS) are among its four co-sponsors. To close the loophole, click here for delightfully fun political hell raising activities. Turning up the heat is as easy as cutting and pasting into an email and reading a script into your phone. It’s hot as you-know-what down here in Katrinaville. Let’s help Washington DC feel the heat.

    Between the increase in health care costs and increases in insuring our homes—in those areas of the country where we can still purchase it, this bread-and-butter issue is ripe for the Democratic Party to embrace and run on to expand its control of Congress and to recapture the White House. One or both of these areas impact each American some way or another. It’s certainly an issue that hits home with most folks, as long as we articulate our framework in a way that is smart, savvy, and sophisticatedly simple.

    Broadening Katrina’s Lens: A five Part Series

    Part 1: Broadening Katrina's Lens
    Part 2: Recovery’s Two Major Impediments: $$$ and the “F” word
    Part 3: The "F" Word: FEMA
    Part 4: Katrina’s Bigger Picture
    Part 5: Katrina’s Karmic Payback: Insurance Reform

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