Katrina Victims Lose in Appeals Court

TheMercenary · 08-02-2007, 03:10 PM

Katrina Victims Lose in Appeals Court

http://www.breitbart.com/article.php...cle=1&catnum=0

The decision overturns a ruling by U.S. District Judge Stanwood Duval Jr., who in November sided with policyholders arguing that language excluding water damage from some of their insurance policies was ambiguous.

Duval said the policies did not distinguish between floods caused by an act of God—such as excessive rainfall—and floods caused by an act of man, which would include the levee breaches following Katrina's landfall.

But the appeals panel concluded that "even if the plaintiffs can prove that the levees were negligently designed, constructed, or maintained and that the breaches were due to this negligence, the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery."

"Regardless of what caused the failure of the flood-control structures that were put in place to prevent such a catastrophe, their failure resulted in a widespread flood that damaged the plaintiffs' property," and policies clearly excluded water damage caused by floods, King wrote.

xoxoxoBruce · 08-02-2007, 05:25 PM

This has been standard procedure forever. They tried an end run and failed.
Anyone living near water, especially below water like New Orleans, is a damn fool if the don't have Federal Flood Insurance.

tw · 08-02-2007, 07:04 PM

Now that the New Orleans Ninth Ward is clearly and obviously a bad place to put people and their homes, then why are home even permitted to be built there? Politicians working for people's real interest or bean counter mentalities more interested in short term political gain?

Remember what a responsible politician did in places like Gafton IL after the 1990s Mississippi floods. The entire town was moved and rebuilt on higher land. Only a fool would permit or rebuild on flood plains. Smart people plant crops or locate parks on flood plains. Expendible businesses or wet lands are located there. But that requires people to be responsible - not emotional.

deadbeater · 08-06-2007, 05:54 PM

When a bleeding heart like tw has no sympathy about rebuilding--damn!

xoxoxoBruce · 08-06-2007, 06:13 PM

Quote:

Originally Posted by deadbeater

When a bleeding heart like tw has no sympathy about rebuilding--damn!

Bwahahahahahahahahahaha... bleeding heart... deadbeater, you kill me.

08-06-2007, 09:35 PM

Who didn't see this coming?
If water damage is not covered, it is not covered.
I agree, letting people build on a flood plain is criminal.

yesman065 · 08-07-2007, 07:08 AM

And people building on a flood plain are just ignorant. They could build all the houses they want, but if no one bought them...

08-02-2007, 03:10 PM	#1
TheMercenary “Hypocrisy: prejudice with a halo” Join Date: Mar 2007 Location: Savannah, Georgia Posts: 21,393	Katrina Victims Lose in Appeals Court Katrina Victims Lose in Appeals Court http://www.breitbart.com/article.php...cle=1&catnum=0 The decision overturns a ruling by U.S. District Judge Stanwood Duval Jr., who in November sided with policyholders arguing that language excluding water damage from some of their insurance policies was ambiguous. Duval said the policies did not distinguish between floods caused by an act of God—such as excessive rainfall—and floods caused by an act of man, which would include the levee breaches following Katrina's landfall. But the appeals panel concluded that "even if the plaintiffs can prove that the levees were negligently designed, constructed, or maintained and that the breaches were due to this negligence, the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery." "Regardless of what caused the failure of the flood-control structures that were put in place to prevent such a catastrophe, their failure resulted in a widespread flood that damaged the plaintiffs' property," and policies clearly excluded water damage caused by floods, King wrote. __________________ Anyone but the this most fuked up President in History in 2012!

08-02-2007, 05:25 PM	#2
xoxoxoBruce The future is unwritten Join Date: Oct 2002 Posts: 71,105	This has been standard procedure forever. They tried an end run and failed. Anyone living near water, especially below water like New Orleans, is a damn fool if the don't have Federal Flood Insurance. __________________ The descent of man ~ Nixon, Friedman, Reagan, Trump.

08-02-2007, 07:04 PM	#3
tw Read? I only know how to write. Join Date: Jan 2001 Posts: 11,933	Now that the New Orleans Ninth Ward is clearly and obviously a bad place to put people and their homes, then why are home even permitted to be built there? Politicians working for people's real interest or bean counter mentalities more interested in short term political gain? Remember what a responsible politician did in places like Gafton IL after the 1990s Mississippi floods. The entire town was moved and rebuilt on higher land. Only a fool would permit or rebuild on flood plains. Smart people plant crops or locate parks on flood plains. Expendible businesses or wet lands are located there. But that requires people to be responsible - not emotional.

08-06-2007, 05:54 PM	#4
deadbeater Sir Post-A-Lot Join Date: Dec 2006 Posts: 439	When a bleeding heart like tw has no sympathy about rebuilding--damn!

08-06-2007, 09:35 PM	#6
rkzenrage Guest Posts: n/a	Who didn't see this coming? If water damage is not covered, it is not covered. I agree, letting people build on a flood plain is criminal.

08-07-2007, 07:08 AM	#7
yesman065 Banned - Self Imposed Join Date: Dec 2005 Posts: 1,847	And people building on a flood plain are just ignorant. They could build all the houses they want, but if no one bought them...

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