A victory for common sense
Published Thu, Aug 2 2007 2:54 PM
Technorati Tags: Courts
Sometimes, when I read news about court rulings handed down by federal judges I have to shake my head in despair. Some judges simply have no common sense, and others prefer to push their personal agendas for social change through their rulings without regard to law.
Every now and then though, federal courts get things right. Such was the case recently with a ruling from the 5th U.S. Circuit Court of Appeals.
NEW ORLEANS -- Hurricane Katrina victims whose homes and businesses were destroyed when floodwaters breached levees in the 2005 storm cannot recover money from their insurance companies for the damages, a federal appeals court ruled Thursday.
The case could affect thousands of rebuilding residents and business owners in Louisiana. Robert Hartwig, chief economist at the industry-funded Insurance Information Institute in New York, said in June that a ruling against the industry could have cost insurers $1 billion.
"This event was excluded from coverage under the plaintiffs' insurance policies, and under Louisiana law, we are bound to enforce the unambiguous terms of their insurance contracts as written," Judge Carolyn King wrote for a three-judge panel of the 5th U.S. Circuit Court of Appeals.
As a result, the panel found those who filed the suit "are not entitled to recover under their policies," she said.
In effect what the judges in this case said was "If your insurance policy explicitly says it does not cover flood damage then your insurance company does not have to pay claims for flood damage." Isn't it a shame when it takes an appeals court to state the obvious?
The plight of the Katrina victims is truly sad. After all, who wants to lose their home in a flood? Even so, trying to force an insurance company to pay a claim for something that they aren't insuring you against is still wrong. There's a reason why insurance companies don't cover flood damage by default.
If you want flood insurance, you can get it, but you'll have to pay a higher premium. If you aren't willing to pay the higher premium, don't expect the insurance company to honor a claim that your policy explicitly excludes.
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Angel responded with:
 | hiya Perri..I know this turned into a huge fiasco!..its all about taking and taking and taking......good find!..:) |
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