unsettling – McIntosh neighbor’s case Mills v State Farm

The Mills residence is located on the west side of North Biloxi (north of the Back Bay)….immediately north of Big Lake and south of the Tchoutacabouffa River.

Mills with McIntosh
If the location sounds familiar to you, it should.  The Mills live down the street from the McIntoshes, according to MapQuest.

Estimated Time: 0.90 minutes
Estimated Distance: 0.31 miles

Don’t you think it’s time we met the neighbors?

Mr. Mills remained in his house during most of Katrina. He stated that about 0945 CDT severe wind (which he described as a ”tornado”) blew out the southeast wall including a wall-mounted AC unit in the converted garage. When storm surge reached the house about 1230 CDT he evacuated to a neighbor’s house.

…There was a 16 inch waterline inside the residence….policy…[provided coverage]…of  $181,000, dwelling limit of liability, residential contents coverage of $135,750.00, and ALE …State Farm, alleged to investigate the claim, and paid the homeowner’s the amount of $47,097.98 for…[wind]…damages…[from]…Hurricane Katrina.

The total cost to repair wind damage is $211, 763.97

State Farm never fired a shot after pulling the case from Harrison County Circuit Court last September.  Absolutely nothing was done that would call attention to the case – nothing that would cause Magistrate Judge Walker or Judge Senter to read expert Rocco Calaci’s statement:

I believe the Mills home and the other nearby houses that were destroyed took the brunt of the winds throughout the hurricane because they were more exposed to the full and direct force of the winds.

Nothing on the docket accounts for State Farm’s continued need for extended time to meet deadlines – nothing unless the Company was deliberately trying to fly  below radar until after the qui tam hearing on the McIntosh case and then quickly and quietly settle.

The key to remember about any hurricane is that it is a wind driven event!  All other “damaging” aspects related to a hurricane are caused by the winds of the storm. Though barometric pressure is also a factor in the creation of storm surge, the main cause of waves comes from the wind associated with hurricanes…

It should be stressed that as technology and the understanding of hurricane structure improves, scientists are learning that hurricane winds and other associated elements (wind force, turbulence and flying debris) cause more damage than storm surge.

Slightly over a week after McIntosh v State Farm settled, State Farm removed Mills from State court and filed the case in Federal court.  Two weeks after the Rigsby qui tam hearing on State Farm’s handling of the McIntosh claim, the case settled.

Mills v State Farm Complaint

Mills v State Farm Plaintiff’s First Supplemental Designation of Experts

One thought on “unsettling – McIntosh neighbor’s case Mills v State Farm”

  1. What do you expect in case of loss? Who cares? Who has disaster recovery money for that?

    I don’t have all the answers, but I do have this one on disaster preparedness/recovery:

    A letter pertaining to disaster (hurricane, earthquake, tornado, flood, fire, etc.) has been sent to President Obama on behalf of all insurance policyholders. As a matter of transparency on the record of insurance consumer protection, any response by President Obama will be posted on the following Website for review: http://www.disasterprepared.net/president.html

    Qui potest et debet vetare, jubet: (Law Maxim)
    HE WHO CAN AND OUGHT TO FORBID A THING [IF HE DO NOT FORBID IT] DIRECTS IT

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