LAKESHORE, Miss. -- A lot of people believe their homes were destroyed by tornadoes generated by Hurricane Katrina rather than the storm's killer surge, but John Trowbridge makes a more compelling case than most.
Trowbridge's modest two-story home near Waveland was demolished along with two neighboring homes while other houses of the same style and age in the neighborhood remained standing, despite taking about 8 feet of water. That led virtually every insurance adjuster and engineer who inspected the scene to conclude that a tornado touched down and caused the devastation, Trowbridge and his attorney say.
Yet his carrier Nationwide has paid him only $515.62 (after subtracting a deductible of about $2,000) and denied his request for additional payment, saying it was not liable because Katrina's storm surge caused at least some of the damage. "Loss resulting from water or water-borne material is not covered even if other perils contributed, directly or indirectly to cause the loss," Nationwide's adjuster wrote in his denial letter.
A spokesman for Nationwide said he could not comment directly on the case, citing both privacy issues and the pending litigation.
Trowbridge and his wife, Judy, are among thousands of homeowners battling their insurance companies in the ongoing wind vs. water debate that is still a prime topic of conversation among Katrina survivors and is seen as a major barrier to the ability of many people to rebuild in southern Mississippi.
Like bereaved victims passing through various stages of grief, many homeowners have followed a predictable pattern in their dealings with insurance carriers: Optimism that their claim will be honored, outrage when it is denied, bargaining that is usually fruitless, mediation and finally litigation.
'My blood pressure goes up'
We are now well into the litigation phase, as plaintiffs' lawyers have signed up perhaps 1,000 or more clients in south Mississippi alone, and cases are beginning to wend their way through state and federal court. Dozens if not hundreds of cases are pending as well in Louisiana, where frustrated homeowners have filed suit against insurance companies, levee boards and the U.S. Army Corps of Engineers over damage related to Katrina.
"Every time I hear the name Nationwide my blood pressure goes up," said Trowbridge, 51, a supervisor for Lockheed Martin at NASA's Michoud assembly facility in New Orleans.
Trowbridge's house was one of an estimated 134,000 that were destroyed or badly damaged in Mississippi, and several lawyers say many of the owners are turning litigious as they conclude they have few other options if they want to try to get more out of their insurance carriers.
"They are going to lose every single one of those suits once they get to trial," state Attorney General Jim Hood said of the insurance companies. "Those juries are not going to have any mercy on them."
Hood, who filed suit against major carriers on behalf of homeowners less then three weeks after Katrina swept ashore, called on the insurance companies to "come to the table" and negotiate an agreement offering an interpretation of their policies that is more favorable to homeowners.
"Otherwise they will continue to get hammered by juries for 10 years out," he said. "I want the insurance companies to do their part, nothing more."
The insurance industry contends that damage from storm surge is properly excluded as a type of flooding, which generally is covered only by separate flood insurance offered by the federal government that offers a maximum payout of about $250,000 for structural damage. Many homeowners who lost their homes in the storm were not required to carry flood insurance, and even some who had the coverage are suing for compensation for damage they say was caused by wind.
Lawsuit 'threatens ... industry's financial stability'
Hood's lawsuit "threatens to undermine the insurance industry's financial stability and its ability to respond not only to its obligations arising out of Katrina, but also its ability to respond to other claim obligations in Mississippi and elsewhere in the U.S.," said Dick Luedke, a spokesman for State Farm, the largest insurer of homes in the state.
The suit "is challenging the validity of contracts in Mississippi, and that threatens the foundation of the economy in that state and has enormous ramifications for every resident of the state," he said.
In addition to the case filed by Hood, litigation against the major insurers is moving ahead on several fronts.
Richard "Dickie" Scruggs, a well-known Mississippi plaintiffs' attorney who lost his own Pascagoula home to the hurricane, has filed lawsuits against five major insurance companies on behalf of seven clients, including Sen. Trent Lott and Rep. Gene Taylor, who both lost their homes. Scruggs has advertised heavily and says he has been retained by 850 clients who are prepared to sue in what amounts to a virtual class-action case.
Click to read previous related story, 'No assurances on insurance'
In one of the first decisions issued so far in the Katrina lawsuits, U.S. District Judge L.T. Senter denied Allstate Insurance Co.'s motion to dismiss one of Scruggs' cases and said Allstate would be liable for damage caused by wind and rain "regardless of whether a later inflow of water caused additional damage that would be excluded from coverage."
Another lawyer, Richard Phillips, has filed a separate class-action lawsuit against State Farm Fire and Casualty Co., contending that the carrier is improperly excluding losses caused by a combination of wind and water.
Trowbridge's attorney, Randy Santa Cruz of Bay St. Louis, is taking a slightly different approach, using engineering reports and meteorological data in an effort to prove on a case-by-case basis that his clients' homes suffered substantial wind damage before the storm surge hit.
Santa Cruz said insurance companies including State Farm and Nationwide are "badly misinterpreting" their own policies.
"I think it's an organized scheme on their part to avoid paying claims," he said. "They have to pay damage that would have occurred in the absence of a storm surge. They can't tell me there wouldn’t have been any damage without a storm surge. They have the burden to prove the existence of their exclusion."
'Fraudulent denial of claims'
Santa Cruz is also looking into reports that some engineering firms might have been pressured to change their conclusions to satisfy insurance company demands. In at least one case, an engineering report allegedly was altered to delete a reference to wind as the cause of damage to a Gulfport home and then signed with a forged signature, according to a complaint filed by homeowners Hubert and Joyce Smith. A lawyer for the engineering firm declined comment, saying the Smiths' complaint had not yet been formally served. A grand jury in Gulfport has subpoenaed insurance company documents, and Hood is investigating what his office described as the "the insurance industry's fraudulent denial of claims on the coast."
In Trowbridge's case, his wood-frame house was reduced to a heap of jumbled blue-gray lumber, insulation and assorted debris, while a half-dozen nearby homes of similar style and age were still standing and appeared structurally sound, although they had taken on up to 8 feet of water and needed significant repairs.
Only the homes of Trowbridge and two neighbors were destroyed so utterly that the experts who saw it concluded it must have been the result of localized intense wind activity.
"It is likely that tornadic activity occurred at or near the referenced address and caused substantial wind damage," said a report prepared for Nationwide by Conestoga-Rovers & Associates, an engineering firm. However, the report concluded that the house was destroyed by "a combination of forces consisting primarily of hurricane induced storm surge, wind-driven waves and the impact of floating debris."
Trowbridge's case is hardly unique. John "Corky" Hadden, 45, a financial adviser who owned a big home worth more than $500,000 in a prime Bay St. Louis location across from the yacht club, was left with little more than a slab and virtually no coverage from his homeowners' insurance. He, his wife and three teenage children are determined to rebuild on the same spot, where Hadden lived as a boy until the previous house was destroyed by Hurricane Camille in 1969.
Mediation ends in frustration
Just up North Beach Boulevard, Dr. Wesley McFarland, 82, and his wife, Rosemary, are staying part-time in a FEMA trailer on the now-vacant lot where they lived more than 50 years in a home that was worth more than $1 million with its contents, he said.
McFarland recently brought his case to a state-sponsored mediation hearing with a 42-page report he prepared, documenting what he called clear signs of wind damage to his former home. State Farm representatives offered less than 0.5 percent of what he sought. McFarland said, and the physician later appeared on a television advertisement paid for by Scruggs' law firm denouncing the mediation process.
Dr. Wesley McFarland and his wife Rosemary have little left of their home except for the front steps. (David Friedman / MSNBC.com)
The "slab claims" of Hadden and McFarland are among the most common type of insurance dispute being contested in Mississippi. State Insurance Commissioner George Dale, in a March 24 letter to State Farm, reminded the carrier that it cannot simply deny a claim for wind damage because the storm surge would have destroyed the home anyway. Instead, adjusters need to take into consideration accounts from witnesses and damage to neighboring homes and pay out whatever portion of the loss was due to wind, Dale said.
That offers a huge opening for plaintiffs like Hadden, whose lawyer, Santa Cruz, talks about sustained winds of 130 mph and witness' accounts of tornados in the beachfront area.
"The evidence is going to be pretty clear that there was extensive wind damage before the storm surge," Santa Cruz said.
For his part Hadden still seems to have a hard time believing that his claim was denied outright.
"I have been very careful about how I handle my financial situation," he said. "I met regularly with my insurance agent. I don't mind paying for small things but I wanted to avoid catastrophic losses. I felt like I had done everything by the book."
After the hurricane, Hadden was so confident about his insurance coverage that he actually spray-painted a notice on one of the surviving concrete-block pillars of his home: "All is well. Thank God and State Farm."
Molly and John "Corky" Hadden lost their beachfront home in Bay St. Louis to Katrina. Click ‘Play’ to see and hear Corky Hadden describe their legal battle with their insurer.
Those last three words have since been covered over with more spray paint. "State Farm in my opinion made a business decision to force people like us to take legal action to try to recover our money," Hadden said. "I think it's a terrible way to do business, and it's really one of the single biggest factors holding back the recovery of our coastline, the way that we've been treated by the insurance companies."
McFarland, a large, outspoken man who still works three days a week as a physician at NASA's Stennis Space Center, is also furious about his treatment by State Farm. "These people sold me something," he said. "I expect them to pay me what they owe me. If it takes two years, four years or more, we'll wait."
Trowbridge, in a baseball cap and windbreaker, still stares at the scene of his home's wreckage with a mixture of sadness and disbelief. He remembers the name of virtually every insurance agent, adjuster and engineer he has encountered since he first saw the destruction two days after the storm. He and his wife, Judy, immediately turned around and drove 100 miles to Hattiesburg and then another 230 miles to Birmingham, Ala., to find a working phone and file their claim.
After weeks of calling and waiting to hear an answer, the Trowbridges finally were told just before Thanksgiving that their claim was denied. Trowbridge, angry but determined, called the adjuster's supervisor in Memphis, Tenn.
'Happy Thanksgiving,' and goodbye
"I said, 'Can't we negotiate about this? Offer me something, please. Deal with me.' He said their lawyers had decided they could win in court. He wished me a happy Thanksgiving and then hung up," Trowbridge said.
Trowbridge retained Santa Cruz as his attorney shortly afterward, and they continued to try to reach an agreement by going through a mediation hearing arranged by the state Insurance Department. About 1,650 policy-holders have scheduled mediation, with 189 of the first 216 cases settled before or at the hearings, according to the department.
But in Trowbridge's case, Nationwide was unwilling to offer anything more.
"I was actually hopeful that we could come to some sort of agreement," he said. "They told me that you should be happy you got your flood (insurance)."
Trowbridge was paid in full by the National Flood Insurance Program and got about $120,000, although his losses were much higher. The Nationwide policy valued the house and contents at about $230,000, said Santa Cruz, and the lawsuit also seeks payment for replacement costs, attorney fees and punitive damages.
The Trowbridges knew they were potential targets for a killer storm, and after the 2004 tsunami in the Indian Ocean began to make plans to move to higher ground. Last spring they bought a piece of land on Firetower Road, near one of the highest points in the county, and began working feverishly to remodel their home, putting in new floors, new kitchen fixtures and a remodeled bathroom.
“We were to the point of putting a sign out” to sell it, Judy Trowbridge said.
Now they have taken out a loan from the Small Business Administration and are beginning work on their new home some 15 miles to the north.
"There was a while that we thought we were going to have to seek medical attention for depression," John Trowbridge said. "It still is a depressing time in our life."
Trying to remember 'normal'
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I thoroughly agree that you are being hoodwinked by your insurance carrier. The reason for buying insurance and paying the premiums for all those months is so that when the odds are stacked against you, you have an "insurance" to help you keep on. That is what the policy buyer thinks. I think that in the insurance agent, and company mentality, they actually believe that your payment is there to feed their family, clothe their children, send their kids to private school and then to college, and tough luck for you if something bad happens; they will find some way to deny your claim!! I personally agree that insurance difficulties are what is going to hold back any development for some time to come.
Jane Owens, Slidell, La. (Sent Apr 2, 2006 9:50:56 PM)
our goverment will sit idly buy and say it's business...and they can't tell insurance companies what to do or how to run their business...
what you need is a few attorney generals like spitzer (NY)...who will certainly ruffle some major feathers.
And remember...if and when these crooks pay the claims...they will then announce that they can no longer do business in the affected states...
oceanview (Sent Apr 3, 2006 4:30:19 AM)
they will settle with all who sue before the court date they are drawing interest on moneys as long as possible{it's good business sense}....but it also makes you hate them
andy,ms (Sent Apr 3, 2006 8:09:23 AM)
This sort of thing is a racket and it is VERY widespread.
Ivan hit here a couple of years ago. A friend of mine's home, about 20 miles inland, was severely damaged by what had to be a tornado in the middle of the storm. Her roof was lifted and set back down, breaking all the seals and allowing wind-driven rain into the structure for eight hours. The interior was TOTALLED.
Allstate tried to pay only for the roof - at something like $100 a square. Can you get the work done for that? No. And the interior? What interior?
The SMART thing for them to do would have been to total the house and cut her a check. But no! So instead they got treated to a battle royale, and ultimately, the house got fixed - more than a year later.
Needless to say, there are a number of insurance companies that will NEVER see another nickel of my money. Allstate is one of them - but not the only one. This sort of organized racket is one that juries need to step in and take care of, and I suspect they will - in spades.
If you're having trouble with these folks, don't bother with the mediation nonsense. The way to solve this problem is simple - file the claim and if denied, sue. Period.
I am not normally one to advocate this sort of path, but in this case I believe that this sort of activity on the part of the insurance companies is an ORGANIZED scheme to bilk their customers - and it needs to stop.
Karl Denninger, Niceville FL (Sent Apr 3, 2006 9:36:55 AM)
" Nationwide is on your side".....yeah right...tell me another one....cause that one is a real knee slapper....at least I know who I won't purchase a policy from
andy,ms (Sent Apr 3, 2006 9:44:29 AM)
People work hard for their money and to build homes, they pay enough for insurance including other bills. They should be compensated for the whole entire building. We lower class people suffer enough and have to struggle thru life including homeless and all these rich folks do not pay taxes they should be paying out taxes and helping us instead us struggly for them
Joyce - New York (Sent Apr 3, 2006 9:55:20 AM)
I feal that it is time for the rest of the country to help out. We need to know if the Insurance Companies we deal with are satisfying their customers or not. We need a tally of suits filed against which companies. This should be public data. If I switch from Nationwide where do I go?
Henry Bruewer Whitehall, MI (Sent Apr 3, 2006 10:14:25 AM)
Vicitims of Hurricane Rita are battling the same issues in Texas and SW Louisiana. The vicitms of this storm are not getting the same level of attention to their plight as those of Hurricane Katrina. Those that I speak with regularly from Port Arthur are hearing the same style "argument" from their insurance company - weak soil casued their house to crack - that another condition caused their houses to fail. Ironic that all of these houses failed do to weak soil and not the tornadoes or 100+ mile per hour winds that bulldozed the community. Everything that blew down blew in the direction the wind was blasting, north to south on the west side of the eye. I do not understand how the representatives of some insurance companies are able to sleep at night.
Lewis Biggers, Houston TX (Sent Apr 3, 2006 10:16:52 AM)
This is how the insurance companies are going to get their money back for the Katrina costs. My son lives in the country. He bought his home from a couple who had lived their for 33 years. Everything imaginable was discussed before this investment and never in the 33 years the former owner had any flooding of the five acres. Don got a letter from his insurance company and they tell him he lives in a FEMA flood zone and has to come up with $500.00 more dollars per year for flood insurance. He has been there three years, so now his insurance costs him well over
a thousand dollars and he is disabled. I had a kitchen fire many years ago and ended up doing the cleanup work myself because the insurance companies
fight to pay as little as possible. They were a racket then and still are.
Jeanie A. Sinclair (Sent Apr 3, 2006 10:23:33 AM)
It is so infuriating to hear about the total lack of integrity by these insurance carriers. Makes me wish I was a Mississippi resident so I could sit on one of those juries and finally hold them accountable.
Situations like these are so far reaching. The level of mistrust all along the coast must run very deep. I know this is not the first hurricane where this has happened but this is the first major catastrophe where we get to hear directly from those affected rather than being spoon fed information by the media. The internet and forums such as this one make all the difference. I know I have make note of the carriers cited in this story and will steer clear of their obviously empty claims.
Rhonda Honegger, Williamsburg, VA (Sent Apr 3, 2006 10:36:28 AM)
Altough I feel sorry for the losses of the great number of people affected by hurricane Katrina as an insurance agent I undertstand the positions taken by the insurance companies. Policies are written to include and exclude different causes of covered loss and in these cases the losses in many cases are caused by the storm surge which is clearly not covered. It would be very difficult for an insurance adjuster to determine that the storm surge was not the cause of the loss when they are standing on just the remaining slab when all around them are clear signs of a tremendous storm surge. The wind probably damaged the house but from what he can see the storm surge washed the house away. Before we all jump to say that the insurance companies should pay for all the damage because it might have been wind damaged before the storm surge arrived lets think about how we would handle this and what we are willing to pay. Do we want the insurance companies to pay for something that was clearle not cobered on the policy and them expand our policy to cover things that are not covered now. The increase in all of our rates will be overwhelming. This is bad situation for all affected but I don't think that the insurance companies should be forced by our legal system to pay for damages that they are not liable for.
Mike Brents, Kingsport, Tn (Sent Apr 3, 2006 10:48:02 AM)
I'm going to cancel my coverage (home & auto) through Nationwide. I wish everyone would so that they'd go belly up.
Stacey, Indianapolis (Sent Apr 3, 2006 11:17:36 AM)
This is really unfortunate. Regardless what the lawyers and state AG's say, it all boils down to how the homeowner's policies are worded. In retrospect, if the state legislator and/or state insurance commissioner allowed the air and water tight exclusion wording in the policy, you bet they will use it. To do otherwise exposes the directors and officers of insurance companies to another threats - incompetence, mismanagement of funds and leastly, shareholders revolt. The only solution is either to legislate a (or have a court-mandated) forced arbitration.
BMDiego, Pickering, ON (Sent Apr 3, 2006 11:18:31 AM)
I think it's past time that Congress take up a bill to make insurance companies honor their comitments to their clients and pay for their homes and properties no matter what the cause. For too many years insurance companies have been taking and taking money from people who trust them to uphold their end of the bargain when a disaster strikes only to learn that the "fine print" lets them off the hook. And because in order to get a mortgage you have to have insurance, we the people are at a disadvantage. So now its up to the Congress to set things straight.
Paul K, Newark, DE (Sent Apr 3, 2006 11:20:13 AM)
It is cheaper for insurance companies to go to court than it is for them to pay up on the insurance policies. That is why all claims are denied. Watch Rainmaker. It's enlightening on how insurance companies work.
Nancy, Provo UT (Sent Apr 3, 2006 11:33:02 AM)
The "Insurance Industry", the largest industry in this country, is one of the only industries out there not federally regulated...lots of money out there for the lobbyists to keep it just the way it is...do some research on your own..."it is what it is"...if the public did to people what the insurance industry does to people we, the public, would be sued, fined and/or behind bars...think it's "high time" for some accountability...not only from the companies themselves but from those "persons" in Congress we've elected to run this country "for the people"...and yes, everyone's premiums, all over the country,will rise as a result of the hurricanes...insurance companies never lose, they recoup any losses through increased premiums for "EVERYONE"..."it is what it is."
Dan J. DeMuth Louisville, KY (Sent Apr 3, 2006 11:44:14 AM)
Insurance for homeowners is mandatory, if there is a mortgage. Insurance for drivers is mandatory. If the insured individual doesn't pay, penalties are severe. If payment is not timely, there is no mediation. The insurance company cancels. Period. The next insurer simply charges higher rates. The whole system is set up so that insurance companies collect. However, when it is time for the insurance company to pay up - the story is always the same. There are no deadlines for them. They'll simply starve the insured individuals out during a deliberately protracted litigation process. It's always that way. Always!! In every contract there is the implied warranty of good faith and fair dealing. I hope juries in the devastated areas hit insurance companies with punitive damages - now is the time to send a message. That message should be - pay promptly according to contract or be punished financially!!
T. Taylor-Hinton, Madisonville, Kentucky (Sent Apr 3, 2006 11:49:50 AM)
The stated objective of this administration is supporting big business. Having to pay justified damages as an innsurer would thwart that end. FEMA and Homeland Security have shown us just exactly how safe we are, you expect insurance companies to care?
Barbara Goetz, Columbia Maryland (Sent Apr 3, 2006 11:55:35 AM)
I am looking at changing my insurance company from State Farm to another one that supports the insured. If everyone did the same the insurance companies would come in line with the policy holders fast. Cash flow is a major issue for insurance companies.
I was planning to retire on the Mississippi Gulf Coast
and now know who not to get my home insured with from the many articles. Where is the GOP leaders when the people without homes need them the most? Taking a case to court can take years, and living in a FEMA trailer is not what these families pay insurance for all these years. State Farm and Nation Wide will pay
after many of these cases are heard in court.
Marc R. A. Yeager, Indianapolis, IN 46217 (Sent Apr 3, 2006 11:57:44 AM)
Every homeowner in this country needs to understand that no matter what insurance company you have your home owner's policy with, it is highly unlikely that you will be made whole by your insurance carrier, when you place a claim, whether it is a small claim, or because of a disaster. You don't pay your premiums...your cancelled. You place a claim, and you get paid, IF AND WHEN the insurance company feels like it.
Ann Ambrose, Montgomery AL (Sent Apr 3, 2006 12:00:02 PM)
As an employee of a major insurance company, I take exception to many of the comments here. Too many people, in an effort to keep their homeowners insurance premiums low, under-insure their homes against the advice of the agents. When a total loss occurs, they complain about the amount of money they receive for the claim. If they had insured properly this would not be such a problem. Bottom line is, if you are unsure of what your policy covers, check with your agent, then LISTEN to their suggestions. Ultimately, it is your house and you are responsible for selecting a proper coverage amount.
Dave- Castro Valley, Ca. (Sent Apr 3, 2006 12:06:32 PM)
What happen to all the talk about lawsuit abuse? Looks like the people who complained the most about lawsuit abuse can solve there problem with mediation. Where is all the talk about the large pay outs these poor companies will be forced to make on meritless lawsuits.
John Doe (Sent Apr 3, 2006 12:15:51 PM)
To the gentleman who wondered which company he should go with, as opposed to Nationwide, if you have served in the military, or anyone in your family has, try USAA. My parents and myself have used them for years & they have proved to be quite reliable in terms of compensation for wind damage, auto accidents, etc. GOOD LUCK to everyone affected- this is absolutely disgusting on the part of these companies.
Laurie Menzl, New Market, MD (Sent Apr 3, 2006 12:46:44 PM)
I am a personal injury paralegal and my firm, and lawyers, in general, know that insurance companies are "legal pirates". They take your money, and nvever pay out for a claim or only pay a quarter of what your claim is worth. They never pay full value on any lcaim whether it be homeowners, personal injury, auto, medical, etc. That is why insurance companies own everything and have the biggest lobbyists in the country, because they take everyone's money and never pay off. In this country, you are better off if you own nothing, have no job, no ambition, etc., at least you do not have to pay insurance, taxes, etc. So who's smarter, we people who have insurance, or those that do not???? It all comes down to the same scenario, everyone, insured or not, have to pay out of their own pocket. I wonder what the insurance companies would do if everyone in the country decided not to pay for any type of insurance????????
Teri Smith (Sent Apr 3, 2006 12:47:27 PM)
I may get flack for this, but here goes...
While there are some insurance companies whose claims practices are less than desireable (to put it nicely) many are on the up and up. To paint the entire industry with the hateful brush is not going to solve anything, and is alienating a large group of people whose goals are to sell a needed product and educate consumers. Most of the examples stated in this article are outrageous, and I sincerely hope that fair decisions are made at trial.
One thing that I find hard to believe is the amount of people who live in high-hazard catastrophe zones who are unwilling to pay for adequate coverage. This means correct limits of insurance, and the right kind of coverage they need to recover from disaster. Many of the unfortunate victims of the hurricanes have no flood insurance, and are fully expecting an 80% water damaged home to be 100% covered under wind on their homeowners policy. That is outrageous, and yes that will not only force some smaller companies out of business, but will also force some of the larger carriers to flee your state. If your home was half wrecked by wind, then finished off by the storm surge, you are only entitled to 50% of the loss under your homeowners policy (for wind damage) - the rest SHOULD be covered under your Flood Policy, if you were smart enough to buy one.
Unfortunately catastrophe claims will not get better until BOTH sides learn to play by the rules. Report insurance fraud - from both sides of the fence.
A Dying Breed (Sent Apr 3, 2006 12:59:18 PM)
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