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South Mississippi Living 4/07

Friday, November 23, 2007

Insurers Shift Cost Burdens to Homeowners



Barbara P. Fernandez for The New York Times
Charles R. Williams’s home was damaged during Hurricane Andrew in 1992.


By JOSEPH B. TREASTER

November 23, 2007

PALMETTO BAY, Fla. — Charles R. Williams stood near the glass sliding doors in his home south of Miami and pointed out parts of the ceiling and walls that had crumpled after Hurricane Andrew ripped open the roof 15 years ago.

The visible damage from that storm, one of the worst of the century, has largely disappeared. But Mr. Williams and homeowners nationwide are still feeling its effect in their pocketbooks.

The storm stunned insurance companies and, after paying out more than $22 billion in claims in inflation-adjusted dollars, they began rewriting policies to protect themselves as much as homeowners. They also developed computer programs intended to limit payouts on claims.

As a result, American homeowners are having to make do with much less coverage at steadily rising prices. In Miami and other places along the coast, insurance prices have skyrocketed, deepening the national slowdown in home sales.

The insurers say they have had to take defensive measures to stay in business and pay claims as operating costs have climbed. “If you’re being overly generous in covering risks and you’re not taking in sufficient premium, it doesn’t make business sense,” said Richard Ward, the chief executive of Lloyd’s of London, a large insurer of homes and businesses in the United States.

Yet some industry experts and consumer advocates say that efforts by the insurers to increase profits, after years of taking losses on home insurance, are shifting more of the burden of repairs and reconstruction to homeowners. The cutbacks in coverage, consumer advocates say, have contributed to the slow recovery of the Gulf Coast from Hurricane Katrina and will most likely hamper recovery from the recent wildfires in California.

“You have a different mentality at the insurance companies,” said Andrew Barile, a consultant who has spent his life in the industry. “They no longer worry about the public service aspect. They’re concentrating on the bottom line.”

The bottom line has been good recently. The property insurance industry, including home, auto and commercial coverages, reported a record profit of $44 billion in 2005, even after paying $41 billion in damages from Katrina. The industry set another record for profit in 2006 at $64 billion. And as a second hurricane season is coming to an end without a hurricane hitting the coasts, 2007 is shaping up to be another lucrative year.

The changes in insurance coverage have been gradual. They are spelled out in the revised policies. But few homeowners read their policies, and they are often unaware that coverage has been reduced until they are faced with making repairs or rebuilding their homes. In most of the country, reduced coverage is much more of a burden than rising premiums.

Ten years ago, for example, the average cost of home insurance in America was $455 a year.

Today, it is an estimated $886 for much less insurance. Along the coastlines, annual premiums on houses routinely run into the thousands of dollars. Contending that even those premiums are not high enough for the risk they face, the insurers have canceled or declined to renew several million policies.

Two years ago, the annual cost of coverage for Mr. Williams, a retired airline pilot, and his wife, a former flight attendant, rose more than 50 percent to $2,599, for about $250,000 in coverage.

The insurers say they have tried to strike a balance that works for them and their customers. “What insurers have tried to do,” said Robert P. Hartwig, the president and chief economist of the Insurance Information Institute, a trade group in New York, “is to sell policies that provide people with coverage for the vast majority of losses they are likely to suffer at an affordable price.”

“A policy that covered every peril would be unaffordable for many if not most people,” Mr. Hartwig said.

Before Andrew, the insurers sold home insurance as a loss leader and loaded the policies with lavish benefits to attract customers for their car insurance and to build up capital in their investment portfolios.

“It was a kind of avuncular, sleepy line of business,” said William R. Berkley, the chief executive of W. R. Berkley, a commercial insurer in Greenwich, Conn. “Then losses started to outstrip even what investment income might have been able to make up.”

In those days, the standard home policy promised to pay for the replacement of a destroyed home, regardless of the cost. Now most policies pay the insured value of a house and up to about an additional 25 percent — which is often not enough to rebuild, as many victims of the recent wildfires in California are discovering.

As an example, a typical policy for a home valued at $300,000 usually pays up to $375,000.

One home destroyed by the California fires, for example, was insured for $4 million. The insurer, Chubb Insurance, estimated that rebuilding would cost $6 million, or 50 percent more than it was insured for. But Chubb is one of the few insurers still offering full replacement coverage.

By issuing full replacement policies, the risks of higher reconstruction costs and underestimates on home values fell on the insurance company. Now most companies put the risk on the homeowner.

In much of Miami and along the coast, the insurance companies no longer provide coverage for the most costly threat to homes: damage from hurricanes and other high winds. Now, Florida and several other states have created state-run insurance companies to provide the coverage.

Insurers that still sell policies against wind damage impose deductibles of at least 2 percent and as much as 5 percent, which is another way of reducing coverage. On a $300,000 home with a 5 percent deductible, the homeowner pays for the first $15,000 in damage, compared with the once standard deductible of $500.

After Katrina, the reductions in coverage and the insurers’ reluctance to pay claims contributed to thousands of lawsuits and out-of-court disputes and made it difficult for many to rebuild.

Flooding was extensive along the Gulf Coast. The insurers do not cover flood damage, and their policies say so. But most policies also contain clauses that rule out payment for wind damage that occurs in combination with flooding.

Many homeowners could not accept that flooding caused by hurricane winds could cancel out the battering by high winds that their homes suffered for hours before the water arrived. And they took their insurers to court. But a federal appeals court recently ruled that the insurers were within their rights to deny payments in those circumstances.

Besides many angry customers, the insurers are facing federal and state investigations and a lawsuit by the attorney general in Louisiana into their coverage and claims-paying practices.

In a lawsuit filed this month, Charles C. Foti Jr., the attorney general in Louisiana, accused State Farm, Allstate and other insurers of using computer programs to gain “an unjust advantage over policyholders” in calculating premiums and paying claims. Private lawyers in Louisiana have filed similar lawsuits based on the testimony of former claims adjusters.

“The idea that insurers conspired to limit claims is completely without merit and unsubstantiated,” Mr. Hartwig said.

The insurers say they have resolved 99 percent of the 1.2 million claims from Katrina for damage to homes and that most people are satisfied. Most of the complaints, they say, have not been related to reductions in coverage but have resulted from expectations of homeowners that insurance policies would cover flood damage.

Many people, Mr. Hartwig said, are “searching for ways to fill the economic gap” created by Hurricane Katrina. “But,” he said, “the gap principally boils down to two words: flood insurance. If there had been 100 percent penetration of flood insurance, we wouldn’t be having this conversation.”

Tightening coverage and claims payments have produced spectacular results for the insurers, as shown in an economic snapshot of their performance in home insurance in 1992, the year of Andrew, and in 2005, the year of Katrina.

In 1992, the companies collected $20.5 billion in premiums and reported a pretax loss of $11.8 billion on home insurance, not counting earnings from investments, according to A. M. Best, an insurance rating agency. In 2005, the home insurers took in $52.2 billion in premiums and reported a pretax loss of $643.6 million; losses had been cut to a sliver of sales. In 2005, with investment earnings of $1.9 billion, the home insurers had a net gain, before taxes, of $1.3 billion.

One measure of the new efficiency of the home insurance business is its ratio of claims expenses to premiums. In the year of Hurricane Andrew, the industry paid out $1.27 for every dollar of premium it collected. In 2005, the year of the more destructive Hurricane Katrina, the insurers paid out 71.50 cents for every dollar of premium.

“I could understand it if the insurance companies were cutting back on coverage, lowering their costs and passing on some of the savings to homeowners,” said J. Robert Hunter, the director of Insurance at the Consumer Federation of America. “But they’ve hollowed out their policies and they’re keeping the benefits for themselves.”

The insurers say that in a time of more powerful and more frequent hurricanes, they have to tailor their coverage and prices for overwhelming jolts. The huge increase in condo towers and homes along the coasts, they say, have multiplied their potential losses.

“I guarantee you,” Mr. Berkley said, “as we move down the line, the profits you’re seeing in the business today are going to take a significant hit.

“One meteorological wobble,” he said of Hurricane Dean, which tore through the Caribbean and Mexico in August, and the storm “would have hit Miami. And that’s a $100 billion hit.”

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Wednesday, November 21, 2007

FEMA to reimburse Aquarium for replacing fish lost in Katrina




A senior FEMA official has reversed the denial of a request by the Aquarium of the Americas to be reimbursed $99,766 for replacing fish killed in 2005 during Hurricane Katrina.


Federal Emergency Management Agency regional officials had denied the request after estimating the cost of getting replacements for the 3,000 dead fish from commercial sources would be $616,849. FEMA officials determined the fish were "one of a kind" items similar to lost works of art and declared them ineligible for reimbursement.

The aquarium appealed the initial denial, reducing its request for reimbursement to the actual costs involved in its own expeditions to capture fish and of collecting fish donated by other aquariums.

FEMA denied the revised request for the same reasons, a decision affirmed earlier this year by FEMA Regional Administrator William Peterson.

But in a Nov. 20 letter, FEMA Assistant Administrator Carlos Castillo said the fish being replaced were "non-exotic" and should be considered contents eligible for replacement, just like furniture.

"The applicant has demonstrated that it was more cost effective to catch the replacement fish than to purchase the fish commercially," Castillo wrote, and is eligible for regular and overtime labor costs associated with the fish collections.

"We were expecting a good outcome on this because it made so much sense," said Audubon Nature Institute Chief Operating Officer Dale Stastny.

He said the money would plug part of the hole in the aquarium's budget caused by the Katrina-related losses, and the year-long period the attraction stayed closed to the public.

"Actually, right now, we're out chasing stingrays," he said.

John Hewitt, director of husbandry for Audubon, recently visited Landry's Restaurants' Downtown Aquarium in Houston to pick up some donated rays, and this week was at the Virginia Institute for Marine Sciences in Gloucester Point, Va. to collect several more, Stastny said.

FEMA spokesman Bob Josephson said it will still take a few weeks to complete the paperwork involved in transferring the money to the aquarium. FEMA must rewrite the request forms based on Castillo's ruling, then transfer the money to the state Office of Homeland Security and Emergency Preparedness, which will then transfer it to the aquarium.

Josephson said the successful appeal shows FEMA's careful review of damage requests by local agencies is working.

"It's there to ensure that everything is looked at and we provide the maxium funding eligible," he said. "The important thing is that we got it right in the end."

Mark Schleifstein can be reached at mschleifstein@timespicayune.com or (504)¤826-3327.

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FEMA Flip-Flops, OKs $100K for La. Fish

FEMA Admits Fishing Expedition Paid Off, Relents on $100K Reimbursement to La. Aquarium

By JOHN MORENO
The Associated Press
November 21, 2007


NEW ORLEANS

Reversing a decision that some found bureaucratically absurd, the Federal Emergency Management Agency granted $99,766 Wednesday to an aquarium that saved taxpayers a bundle by catching replacements for the fish it lost to Hurricane Katrina.

FEMA had said that the Audubon Aquarium of the Americas needed to buy the fish from commercial vendors, a method the agency said would cost $616,849 but would comply with disaster aid laws.

When aquarium staff went out and caught them for $99,766, FEMA denied their petition for reimbursement, though the move had saved half a million dollars.


The aquarium appealed, and the dispute dragged on for 17 months until Carlos Castillo, FEMA's assistant director of disaster assistance, notified the aquarium in a letter Wednesday that the federal agency would pick up the tab after all for the aquarium's catch of 1,681 fish from the Gulf of Mexico, the Florida Keys and Bahamas.

"We felt confident that our appeal would go through. But of course, it's a nice Thanksgiving," said Melissa Lee, a spokeswoman for the aquarium. "We'll be able to use this to make things better at the aquarium."

A linchpin of the city's tourism-based economy, the aquarium is seeing only 70 percent of its pre-storm visitors and has laid off 80 percent of its staff.

FEMA initially denied the aquarium's petition because it believed catching new fish improved the collection. Under federal law, facilities cannot be improved upon with federal money, only restored to their pre-disaster condition.

State officials say the majority of 35,000 Katrina rebuilding projects have been stalled in strict interpretations of the same law, generating mountains of paperwork in which FEMA takes stock of damages as minute as the number of pencils lost at a school.

Bob Josephson, FEMA's director of external affairs in Louisiana, said the reversal is proof that the process works.

"That's why we have a formalized appeal process, to ensure that the applicants are getting a first and second look and we are providing all the disaster assistance available," said Josephson, who was first alerted to the aquarium case by The Associated Press. "I think were always looking for cost-effective measures to save taxpayer's money."

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Copyright © 2007 ABC News Internet Ventures


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Future of levee project rests, literally, on clay

By Rick Jervis, USA TODAY
November 20, 2007

Construction work continues on the 17th Street Canal near the levee wall that failed during Katrina and flooded parts of New Orleans. Photo by Chris Graythen, Getty Images

NEW ORLEANS — The project to rebuild this region's critical levee system is in need of some good old Louisiana clay.

But a clay shortage — and a subsequent rise in its price — may slow progress in rebuilding the levees in and around New Orleans.

The Army Corps of Engineers, the U.S. agency in charge of the levee project, will need an estimated 145 million cubic yards of clay to fortify 350 miles of earthen levees around the greater New Orleans area, said Soheila Holley, a senior program manager with the corps charged with finding the clay.

In the two years since Hurricane Katrina, the Army Corps of Engineers has only acquired 20 million cubic yards, she said. An additional 50 million cubic yards are being tested.

"This is one of the most complex issues of the hurricane protection system," Holley said, noting that Orleans, St. Bernard and Plaquemines parishes are nearly out of quality clay, which keeps water from penetrating levees.

Importing clay from neighboring states would add costly hauling fees, she said.

Levee and flood wall breaches were the main causes of the catastrophic flooding of New Orleans following Katrina. The corps has begun work on a $7.5 billion, 100-year hurricane protection system that includes more than 300 projects, such as reinforcing levees, installing new floodgates and closing harmful canals. A 100-year hurricane is a storm with a 1-in-100 chance of occurring in any given year.

Though it's still too early to tell what impact it may have overall, a lack of good clay could potentially impede the project's progress. "There's not enough land in the vicinity," she said. "We need a lot of material, it has to be good, and it has to be at a reasonable cost. Those are our current challenges."

Both the reddish-orange Pleistocene clay and gunmetal blue Holocene clay are found along the Mississippi River in southeastern Louisiana and both could make strong levees if mixed properly, said Robert Bea, an engineering professor at the University of California-Berkley who has led studies of the levees.

The clay is found about 20 feet under backyards and fields near the riverbank, pushed there by the Mississippi over millenniums, Bea said.

The corps acquired as much of the clay as possible immediately after Katrina. But as the need for the clay increased, a new breed of entrepreneurs, known as "clay brokers," began acquiring properties from landowners and selling the clay to the corps, often at increased prices, Bea said.

DRC, a Mobile, Ala.-based construction management firm, has acquired around 10,000 acres in Louisiana containing 20 million cubic yards of clay since Katrina, said Chuck Prieur, a program manager with the firm. DRC has sold the clay for levee construction since winning a contract late last year, he said. There were 20 other firms vying for that contract, Prieur said.

"A lot of people are getting into the business of selling clay," he said. "It's a commodity we're looking to sell. The opportunity is there for potentially a good profit."

Clay prices soared to around $80 a cubic yard immediately after the hurricane, then settled to $20 to $30 a cubic yard this year, Prieur said. The clay sold for around $10 a cubic yard pre-Katrina, Bea said.

For now, the Corps of Engineers is trying to deal directly with landowners and avoid the brokers to keep costs down, Holley said. But as clay becomes scarcer, the agency may have to go to market for the firm earth, she said.

"We'll avoid that to the point we can avoid it," Holley said. "But there may be a point where we'll have to."


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Debate commission releases its evaluation of city's application

Posted by NOLA.com November 20, 2007

Three Democratic presidential candidates Tuesday chided the Commission on Presidential Debates for not selecting New Orleans for one of four nationally televised debates next year.

Meanwhile, amid speculation that partisan politics dealt New Orleans out of the mix, the commission's co-chairman denied that the decision was based on anything but the merits of the 16 cities that applied to host the debates.

Frank Fahrenkopf Jr., one-time chairman of the Republican National Committee, brushed aside speculation that Republicans vetoed New Orleans as a presidential debate backdrop for fear that the Bush administration's hapless response to Hurricane Katrina would reflect poorly on them.


"That's stupid," Fahrenkopf said. "This isn't a bunch of fly-by-night politicians making these decisions. We don't play games."

New Orleans, the acknowledged sentimental favorite in the competition to host one of four debates in 2008, lost out to Oxford, Miss.; Nashville, Tenn.; and Hempstead, N.Y. St. Louis was chosen to host a vice presidential debate.

The decision prompted criticism from three Democratic presidential candidates. Five Democrats and two Republicans running for president had urged the commission to schedule one of the debates in New Orleans.

Sen. Hillary Clinton, D-N.Y., said the commission "missed a golden opportunity to show New Orleans that the entire country is committed to its recovery," while Sen. Barack Obama, D-Ill., said the event would have provided "an economic boon to the city" and reminded Americans "about the unmet promise to rebuild and restore the Gulf Coast."

Former Sen. John Edwards, D-N.C., who launched his presidential bid in New Orleans, urged the panel to reconsider.

"As a nation, all of us have a responsibility to do everything we can to help rebuild this great city, and holding national events in this city, like a presidential debate, will help New Orleans move forward," Edwards said.

Private group, private files

A day after the decision was announced, questions continued to swirl about why post-Katrina New Orleans -- which successfully played host to the 2007 Sugar Bowl, has staged numerous conventions and was chosen as the locale for the 2008 NBA All-Star Game -- didn't make the cut.

Contributing to the confusion is the secretive way the commission operates. It provides no formal explanation about why certain cities are chosen and others are not, leaving the losing bidders to speculate about how their applications were deficient.

Asked whether the commission would be willing to make public its evaluation of New Orleans' bid, Fahrenkopf declined.

"We're a private group. We're not going to produce our files," he said.

The only document made available Tuesday was released by Anne Milling, founder of the hurricane recovery group Women of the Storm, which spearheaded the debate application. It was a Sept. 24 e-mail from Janet Brown, executive director of the commission, which indicated that the panel was concerned that promises made by the city would be kept.

"Important questions have arisen concerning the bid from New Orleans," Brown wrote. The e-mail went on to say that given the "unique configuration" of the New Orleans bid, the commission wanted to know which organizations would "accept legal responsibility for performing which tasks."

Norman Francis, president of Xavier University, said Fahrenkopf gave him a specific reason for the denial Monday before the decision was announced. Francis said he was told that New Orleans' primary arena for the debate, the Ernest N. Morial Convention Center, lacked the necessary technological capabilities. Francis, whose school would have been one of four colleges hosting the event, dismissed the suggestion as nonsense.

Milling said she was told by the other commission co-chairman, Paul Kirk Jr., that the city had not recovered sufficiently from Hurricane Katrina to stage the event.

Kirk, former head of the Democratic National Committee, didn't return phone calls, but denied that account in an interview in The New York Times. Milling on Tuesday stood by her version of the conversation.

The paucity of details led to speculation about the reasons for the snub. Francis suggested that the city was too dramatic a setting for members of the commission who may have been nervous that scenes of destruction and despair more than two years after Hurricane Katrina would be embarrassing.

"There is no rational earthly reason that we weren't ready to host a presidential debate," Francis said. "If the word was that New Orleans wasn't ready, that's not the issue. They weren't ready for us."

No disrespect intended

Fahrenkopf said the decision not to pick New Orleans "should not be interpreted as an attack" on the city or its "ability to handle an event."

He could point to no specific criterion -- facilities, transportation, hotels, communications -- that the city would be unable to provide.

Like Fahrenkopf, Mike McCurry, another commissioner and the former spokesman for President Clinton, brushed aside suggestions that politics played a role in the decision.

McCurry, who has rebuilt houses in Gentilly and the Lower 9th Ward since the 2005 storm, said "so many of us had sympathy for New Orleans. We really wanted to make it work."

He said there was "no stronger advocate at the beginning than Frank" Fahrenkopf, who organized the 1988 Republican presidential nominating convention in the city.

"At the end of the day it's not about giving community a boost, but letting every American voter see the debate," McCurry said. "Fundamental things have to come together and they weren't coming together in New Orleans."

He added, "Everyone (on the commission) said we will actively solicit New Orleans four years from now."

-----

Bill Walsh can be reached at bill.walsh@newhouse.com or (202) 383-7817.

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Tuesday, November 20, 2007

Letter to WSJ: Retract False Statement Regarding Scruggs

VIA EMAIL AND FACSIMILE
E-mail: wsj.itrs@wsj.com
Editor
The Wall Street Journal
200 Liberty Street
New York, NY 10281

Re: Your Editorial of November 15,2007, "Mississippi Hoods"

To the Editor:

The Wall Street Journal should immediately retract a false statement regarding my client attorney Richard F. Scruggs contained in its November 15,2007 editorial entitled "Mississippi Hoods. "

The editorial purports to recount events leading up to a lawsuit brought by E.A. Renfroe & Co., Inc. against their former employees Cori Rigsby and Kerri Rigsby. Renfroe sued the Rigsbys after they went public with evidence they believe shows that State Far (one of Renfroe's largest clients) wrongfully denied insurance coverage to victims of Huricane Katrina.



The Journal asserts that "Mr. Scruggs convinced two Renfroe employees-sisters Cori Rigsby Moran and Kerri Rigsby-to steal documents to aid his civil litigation against State Far."

This statement is false. First, it is not true that Mr. Scruggs "convinced" the Rigsbys to copy State Farm's documents. Many months before they first met Mr. Scruggs, the Rigsbys independently concluded that State Farm was treating its policyholders unfairly, and they began collecting evidence of what they observed. Indeed, Cori Rigsby has testified that she and Kerri Rigsby decided "on our own" to copy a batch of documents in June 2006. Mr. Scruggs commends the Rigsbys for their courage and determination.

Second, neither of the Rigsbys ever "stole" any documents. As they have testified repeatedly, they copied documents evidencing what they saw as State Farm's unfair practices, but they did not take original State Farm documents. The Rigsbys had the right to make such copies to provide them to law enforcement and others with an interest in investigating and correcting the fraud they believe has occurred.

The Journal's November 15, 2007 editorial concludes with the line "You can't make this stuff up." Yet, with the respect to the above statement, it appears that the Journal did just that. Accordingly, I insist that the Journal issue an immediate retraction.

Very truly yours,

John W. Keker

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New Orleans flood-control system not as advertised



The Army Corps of Engineers test canal pumps in New Orleans in August.

NEW ORLEANS, Louisiana (AP) -- A system of floodgates and pumps built since Hurricane Katrina to help alleviate flooding in several New Orleans neighborhoods may not be as much help as authorities first said.

The Army Corps of Engineers released flood risk maps on a block-by-block basis on June 20, but didn't include some technical data, preventing independent assessments of the accuracy of the maps.

The maps showed that the improvements made to the city canals' drainage systems would reduce flooding during a major storm by about 5.5 feet in Lakeview and nearby neighborhoods. The maps were based on a storm that has the likelihood of occurring at least once in 100 years.

But in a report released November 7, Corps scientists estimated that the actual benefit the system would provide would be just 6 inches. [Emphasis added.]

The discrepancy was tucked into the voluminous report's appendices, and neither the Corps nor the scientists hired to conduct the study brought the changes to the public's attention when the report was released. It wasn't until New Orleans television station WWL-TV asked an engineer involved in the assessment about the discrepancy that it became known.

"We've made some corrections," the engineer, Ed Link, told The Associated Press on Friday night.

Link said the mistakes were apparently made in the calculations for two sub-basins that include Lakeview and nearby neighborhoods. In one, a minus sign was used instead of a plus sign.
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Ivor van Heerden, a hurricane and levee expert with Louisiana State University, said the mistakes are the latest example of sloppiness and a lack of scientific peer review in Corps work.

"It's people's lives we're playing with and all we're getting is fuzzy science," van Heerden said.

Walter Baumy, a chief Corps engineer in New Orleans, said he was unfamiliar with the mistakes, but said, "I wouldn't contest what Dr. Link says."

But he added that the floodgates installed on the canals have given New Orleans "far superior" protection.

Donald Powell, federal coordinator for Gulf Coast rebuilding, said in a statement he was only informed of the errors in the maps on Friday night.

"Our team immediately contacted Dr. Link to express my strong concerns and my expectations on how the public will be better informed in the future. While the news is disappointing, it is an indication that the ongoing review process of the draft materials is working as intended."

Other Corps officials would not comment on the mistakes or did not return telephone calls.

Tami Do, 46, said she and her family rebuilt in Lakeview because they felt the Corps was doing a good job. Now, she said, her faith is shaken.

"I have confidence in what they're doing all along the levee, with the pumps. That's one of the reasons we're back here," she said. "But these kinds of things put doubt back in your mind. If they got this wrong, what else have they gotten wrong?"

Her husband, Tommy Do, wondered if the mistake would mean an increase in insurance rates, or perhaps a change in building requirements.

"Now all these people who have built these $300,000, $400,000 homes should be higher?" Tommy Do said. "That's not good. We're going to have to sue the Corps again!"


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Court refuses to bar high-profile lawyer from State Farm case

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Posted on Mon, Nov. 19, 2007
By MICHAEL KUNZELMAN
Associated Press Writer


NEW ORLEANS -- A federal appeals court refused Monday to bar a prominent attorney from representing a Mississippi resident in a lawsuit against State Farm Fire & Casualty Co. over Hurricane Katrina damage.

State Farm failed to show the "extraordinary circumstances" that would call for disqualifying Richard "Dickie" Scruggs from the case, a three-judge panel from the 5th U.S. Circuit Court of Appeal ruled. The case is one of hundreds Scruggs' firm has filed against the Bloomington, Ill.-based insurer for denying policyholders' claims after Katrina.

State Farm accuses Scruggs of violating ethical rules for attorneys through his work with two sisters who helped the company adjust claims on Mississippi's Gulf Coast after the Aug. 29, 2005, hurricane.

The company claims Scruggs improperly used internal State Farm records he obtained from the sisters, Cori and Kerri Rigsby. Scruggs has said those records support accusations that State Farm fraudulently denied policyholders' claims after Katrina.

In a September ruling, U.S. District Judge L.T. Senter, Jr., in Gulfport, Miss., questioned why State Farm waited more than a year to seek Scruggs' removal from the case on those ethical grounds. Senter didn't take a position on the ethical violations, but refused to prohibit Scruggs from representing any policyholders with suits against State Farm.

State Farm challenged Senter's ruling, but the 5th Circuit upheld the judge's decision.

"Without deciding the contested issue of ethics, we are satisfied that Judge Senter has carefully weighed the balance between the need to ensure ethical conduct on the part of lawyers and other social interests, including litigants' right to choose their counsel," the panel said in a three-page ruling.

Scruggs, whose firm is based in Oxford, Miss., said he is grateful that the court rejected State Farm's "New York-style" legal tactics.

"This is what New York law firms do to each other routinely: try to disqualify each other," he said. "It doesn't work in New York. It shouldn't work here."

Scruggs' work with the Rigsby sisters also is the subject of a criminal contempt case in Alabama.

U.S. District Judge William Acker accused Scruggs of disobeying a court order to turn over all the documents he obtained from the sisters, who worked for a company that contracted with State Farm. After U.S. Attorney Alice Martin in Birmingham, Ala., declined to prosecute Scruggs, Acker appointed special prosecutors to handle the contempt case.

Scruggs was scheduled to be arraigned Tuesday in federal court in north Alabama, but all judges in that district have agreed to disqualify themselves from hearing the case. Scruggs had questioned whether they could be impartial because they work alongside Acker.

A federal appeals court in Atlanta is expected to appoint another judge in a different district to preside over the case.


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Monday, November 19, 2007

Florida: Hurricane Damage & Denial of Coverage - Citizens Property Insurance Corporation

The following is a story written by a Citizens Property Insurance Corporation customer living on the east coast of Florida. It alleges that the company canceled the family's wind-only insurance policy without giving proper notice. Four major hurricanes ravaged Florida between August and September 2004.

After Hurricane Frances we called Citizens Property Insurance Corporation to file our claim. After hours on the phone, I was advised by a customer services representative at Citizens Property Insurance Corporation that our Wind-Only policy was cancelled almost exactly one year ago due to non-payment. We received no notice, written or otherwise, of the impending cancellation of the policy and we received no notice when our policy was indeed cancelled. We were shocked because for the previous 12 months, we had taken comfort in the fact that our home and its contents were properly insured.

Like most people, our property taxes and insurance are paid from our escrow account with our mortgage company. Our mortgage company claims that it never received a bill from Citizens Property Insurance Corporation for the insurance premium so it went unpaid. Our insurance agent claims not to have received notice from Citizens Property Insurance Corporation of the impending cancellation of the policy and claims further that he did not receive notice from Citizens Property Insurance Corporation when the policy was indeed cancelled. And, as I indicated above, we, the homeowners, received nothing from Citizens Property Insurance Corporation concerning a lapse or cancellation of our policy.

The only document we received from Citizens Property Insurance Corporation was a renewal notice from approximately one year ago which was clearly marked "THIS IS NOT A BILL. THE PAYOR OF YOUR POLICY HAS BEEN INVOICED" and "DO NOT PAY." It appears that Citizens Property Insurance Corporation did not notify the homeowner, the lending institution or the insurance agent of record of the potential for cancellation due to nonpayment despite the fact that the insurance premium was sitting in our escrow account waiting to be paid.

As it stands now, we do not have a hurricane or wind insurance policy for our home but we feel in our hearts that the responsibility for our lack of insurance rests with someone other than us, the homeowners. We feel confident that there are others in a similar predicament. We would like to band together with those individuals to see if there is something that we can do to have our insurance reinstated at its last premium rate and recoup the losses we have incurred due to Hurricanes Charley, Frances and Ivan.

If your policy was canceled by Citizens Property Insurance without your knowledge, it may be important to contact an attorney who can help protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.

Attorneys associated with InjuryBoard.com will evaluate your case free of charge. In addition, you will not pay any fees unless your attorney recovers money for you. Please click Ask An Attorney to take advantage of this valuable service.

Story from InjuryBoard.com.

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Hurricane Recovery Legislation Would Give Katrina Survivors Permanent Shelter, Peace of Mind

The Louisiana Weekly
By Marc H. Morial, President and CEO, National Urban League
November 19, 2007


FEMA trailer parks seem to be providing the backdrop for growing mental health problems among Gulf Coast residents ravaged by Hurricanes Katrina and Rita. That is where suicide attempts are 79 times the national average. More than two years after the storm devastated the region, survivors continue to reel from the pain, thanks in part to the anxiety created by a sluggish recovery process.

"The mental toll of a lack of permanent housing is indescribably great," writes Joshua Norman of McClatchy Newspapers in a story from early October. "FEMA trailer parks are therefore the epicenter of any post-Katrina mental-health crisis."

The mental wear and tear is enough to drive the sanest person mad - let alone victims traumatized by the nation's worst natural disaster in 70 years and most expensive.

So, it should come as no surprise that the incidence of mental illness among these survivors has actually increased since 2005.


Usually, most cases of mental illness caused by a traumatic event are resolved within two years of a traumatic event. Thanks to the slow state of recovery, the Katrina nightmare continues to haunt survivors years later.

Last month, Dr. Ron Kessler of Harvard Medical School testified before a key congressional panel that one year after the disaster, he observed extraordinary resilience and optimism among the nearly 1,100 Katrina survivors he surveyed. Since then, that sense of hope has turned into resignation and despondency.

According to Kessler's study, the estimated incidence of serious mental illness rose to 14 percent among residents of storm-town regions of the Gulf Coast, up from nearly 11 percent since the disaster struck. That of mood and anxiety disorders increased by a comparable rate to 33 percent and that of post-traumatic stress rose 50 percent. In New Orleans proper, rates of all types of mental disorders stayed steady.

"The numbers tell the story of the federal government's continuing failures of Hurricane Katrina survivors," states a recent Seattle Post-Intelligencer op-ed. "Could there be any clearer sign that we are failing a whole region of this country in a time of need?"

To add to Katrina victims' anxiety levels, efforts in the U.S. Senate to push through legislation designed to bring relief to Gulf Coast residents affected by Katrina appear to be facing opposition from a member of the Louisiana congressional delegation splitting hairs over public housing provisions.

Immediately after Katrina hit, the National Urban League issued a plan of action for the Gulf Coast known as "The Katrina Bill of Rights." Of these rights, the "Right to Return" stands as a cornerstone where we call upon Congress to "... guarantee to every evacuee and every resident the right to return to their home." That, "every family should have the chance to come back to their hometown or neighborhood if they so choose."

Introduced last June by Sens. Chris Dodd (D-Conn.) and Mary Landrieu (D-La.), the legislation, known as the Gulf Coast Housing Recovery Act, proposes important and needed steps forward as well resources to make the "Right of Return" happen for thousands of lower-income families who need safe and affordable housing - whether as renters or homeowners - to reclaim their lives. It is currently awaiting Senate Banking Committee action. A comparable bill passed the House in March by a commanding margin.

In the words of the Post-Intelligencer editorial, "it would be easy to lay all of this on the Bush administration, especially since it has been trying to rewrite the Katrina history to escape most blame." But Congress is equally responsible for ensuring that Gulf Coast residents devastated by Hurricanes Katrina and Rita are not forgotten, given the outpouring of popular support for the victims following the disaster.

The U.S. Senate must resist in-fighting and quibbling over the details of efforts to enable Gulf Coast residents to reclaim their previous lives and put the tragedy behind them. I urge our nation's senators to act swiftly on this important issue.


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