What happens when the gulf oil comes ashore?
There is a sad fact of life when it comes to dealing with insurance companies. You should read all the small print before you buy a policy and, if you are surprised at how the insurer decides to interpret the policy when you make a claim, you must be ready with an attorney. Telling it as it is: insurance companies like to make a profit. If they have to pay out too many big claims, their profit starts getting small. That gives them an incentive to keep finding new ways to avoid paying out. When Hurricane Katrina hit the Mississippi Gulf Coast, home owners discovered their policies covered storm damage, but limited or excluded claims arising from flooding. The cause of much of the damage was a storm surge where the wind drove the water to higher than usual levels. The issue for the courts was whether the resulting damage was covered as storm damage or excluded as flood damage. The practical reality was that, for the people whose homes were damaged, the precise cause and effect mattered little. They had lost their homes. For the insurance companies, the courts were deciding claims worth billions of dollars. Needless to say, the courts at state and federal levels gave often wildly different interpretations and produced very different results. That is what happens when vast numbers of people line up to sue multiple defendants. Some win. Some lose. (more…)