From the archives – and why we

While we knew in August 2008 this post would go down as one of our best ever we continue to be humbled by the high quality traffic it receives literally from across the world to this day, mostly from Universities and think tanks but also from governments, both domestic and foreign. It has certainly worn well with time because it has gotten more traffic each year since it was published in August 2008 with almost half the total views coming this year and it is one of our top 10 posts in terms of page views. Though the insurance battles for coverage are largely over, 5 years after Katrina and a massive oil spill later, it still remains not what you see but what you don’t here on the post Katrina coast. ~ Sop November 4, 2010

Not what you see but what you don’t…the post-Katrina coast (published August 11, 2008)

Gulf side of Beach Boulevard August 2008

For someone who can be a real “chatty Cathy,” I sat quietly with my camera in my lap as Sop drove me down Beach Boulevard – the first time I’ve done that on the post-Katrina coast and the road still isn’t completely open, it’s just no longer blocked.

Before the storm, there wasn’t a prettier stretch of highway in America. I’m convinced of that. With the Gulf on one side and one beautiful home after another on the other, it was a sight to behold.

The Gulf side is as beautiful as ever; but, not so the other where all that remains of many of those beautiful homes is a drive way and an otherwise vacant, weed-filled lot.

By the time we headed into the Bay-Waveland area, I’d seen more slabs that I could count and was feeling like an empty lot myself, the experience was so draining.

Lot on Beach Boulevard 3 years after Katrina

What made it so draining and me so sad was how much those vacant lots looked like those I saw right after the storm almost three years ago.

If this slab was the place I once called home, I can only imagine that I would have been overwhelmingly sad; leading me to believe that the empty lots on the Coast leave others empty and sad – depression is the clinical term.

According to cognitive-behavioral psychologists, depression in humans may be similar to learned helplessness in other animals, who remain in unpleasant situations over which they’d initially had no control.

Once we began to eat, meet, and greet, it wasn’t possible to be sad; and I bounced back and took these pictures the next day. However, others on the Coast are having more than the just a brief depressing experience like my encounter with the empty lots. WLOX, Biloxi television, ran a related story the day before I arrived. Continue reading “From the archives – and why we”

Merlin – Amy Bach and United Policyholders Supports Mississippi Insurance Protections

Sun Herald reporter Michael Newsom reported the current current status of insurance legislation pending at the Capitol in House OK’s Compromise:

House Bill 563 passed in a 107-7 vote Wednesday, which included all South Mississippi representatives voting for it. The measure is the lone surviving piece of Hurricane Katrina insurance legislation. Several other insurance bills, which Coast lawmakers file annually, died with a Feb. 2 deadline to clear committee. Coast lawmakers have said the insurance industry carries much influence over the Legislature, which has contributed to the bills failing in the years since Hurricane Katrina.

However, House Bill 563, the subject of Sop’s recent post Watered down policyholder legislation still hanging on in the Mississippi  Legislature, passed the House with language Sop claimed would give insurers “free rein” still in the bill:

In addition to the rights that are specified by the commissioner and the provision regarding reasonable time frames, the Mississippi Homeowners Insurance Policyholder Bill of Rights must include the following provisions:  (a) Unless based on sound actuarial principles, an insurance company may not treat a policyholder differently from other individuals of the same class and essentially the same  hazard when evaluating a claim…(emphasis added)

Keep in mind that Sop is a CPA who knows “adjusting claims has nothing to do with “actuarial principles” and his related opinion is as worthy of consideration as that of those in other professions commenting on proposed insurance legislation:

Taken at its face that language essentially gives an insurer free rein to do whatever the heck they want provided they pay a shill like Robert Hartwig enough to concoct some whopper actuarial principle to justify why it is OK for an insurer to hose a policyholder on a claim.

Sop spoke for SLABBED when he pointed out the red flag language in House Bill 563 and I saw no need to add more until I read this paragraph in Merlin’s related post this morning:

I am certain many may think these efforts are a waste of time because the insurance lobby in Mississippi seems to be in control of the political process. Standing up for the right principle and social policy is always the right thing to do. Like water in a stream relentlessly influencing the earth, just social policy reflected in law will eventually happen. But this will occur only so long as we stand up to those with more significant wealth or power that are attempting to keep the unjust status quo in place.

It is not the strength of the insurance lobby that concerns me.  Instead, my consideration is framing insurance legislation as a matter of “social policy” when the “unjust status quo in place” is a matter of “public policy”.  The distinction is important. Continue reading “Merlin – Amy Bach and United Policyholders Supports Mississippi Insurance Protections”

A mind is like a parachute. If it doesn’t open, you’re f#@%*d!

If you’ve wondered why there are differing perspectives about the factual basis of litigation, find the cord to your parachute and open your mind to Harvard Law’s Project on Law and Mind Sciences and situationism.

Situationism is premised on the social scientific insight that the naïve psychology—that is, the highly simplified, affirming, and widely held model for understanding human thinking and behavior—on which our laws and institutions are based is largely wrong. Situationists (including critical realists, behavioral realists, and related neo-realists) seek first to establish a view of the human animal that is as realistic as possible before turning to legal theory or policy. To do so, situationists rely on the insights of scientific disciplines devoted to understanding how humans make sense of their world—including social psychology, social cognition, cognitive neuroscience, and related disciplines…

SLABBED reflects a situationist perspective and even touches on the subject in posts such as:

Recommended holiday (half-time) reading includes the blog post, On the Ethical Obligations of Lawyers: Are We Snakes? Are We Supposed to Be?, and the following readings from Continue reading “A mind is like a parachute. If it doesn’t open, you’re f#@%*d!”

…and a dim bulb flickered in Texas over at TWIA

While Commission Chaney had all the bright lights of insurance and finance shinning in Mississippi, a dim bulb flickered in the Texas Windstorm Insurance Association (TWIA), according to Texas’ oldest newspaper, the Galveston County Daily News:  h/t  always thoughtful reader

The Texas Windstorm Insurance Association wants a judge to give it immunity against paying attorneys’ fees, penalties, interests and other expenses beyond actual damages in litigation claiming it acted in bad faith or maliciously in dealings with policyholders.

In Bakht Khattak vs. Texas Windstorm Insurance Association, the insurer is seeking sovereign immunity, which means it can’t be sued without its consent.

If Judge Susan Criss of the 212th District Court in Galveston grants sovereign immunity in that case, her decision could apply to any lawsuit filed against the insurer since Hurricane Ike, which struck in September with 110 mph winds and devastating storm surge.

About all that can be said for this TWIA flicker is that it would require a lot less time and money than hiring lawyers to sneak around and get all the evidence against you classified a “trade secret”.

The windstorm association isn’t seeking dismissal of the lawsuit or others like it, officials said….

What the association’s attorneys at a Monday hearing asked Continue reading “…and a dim bulb flickered in Texas over at TWIA”

“The causes of ineptitude can be traced…”

Two members of the Troubled Asset Relief Program Oversight Panel today recommended in a minority report that Congress create an optional federal charter for insurers…that may be utilized by insurance firms to underwrite, market, and sell products on a national basis…allowing insurance firms to choose…Congress can build upon the success of state guarantee pools and maintain state jurisdiction over premium taxes…

Money…All for money…Make your money…Hide your money…Stuff your money…Hump your money…Save your money…All for money…The causes of ineptitude…Can be traced… to the tyranny of Money…All for money…

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more about “The causes of ineptitude can be trace…“, posted with vodpod

There ought to be a law… 2009 Mississippi Legislature

How many times since Katrina have you said, there ought to be a law and gone on to explain?  Plenty, I’m certain if you live in one of Mississippi’s three coastal counties.

This is your chance.  The 2009 session of the Mississippi Legislature is heading toward its first major deadline.  According to the Timetable published on the Website for the Mississippi Legislature, next Tuesday, February 3rd, is the deadline for Committees of the House and Senate to pass bills that were introduced in each Chamber. In other words, bills introduced in the House must pass the appropriate House Committees and Senate Committees, likewise, must pass bills introduced there.

Since insurance is the concerned of the slabbed, you’ll want to start by looking over the legislation referred to the House Insurance Committee and the Senate Insurance Committee.

Bills are listed in a three-column format:

  • Left Column: Bill number linked to the the text of the bill as introduced.
  • Center Column: Short-title with date introduced and Committee assignment(s) below linked to a history of the legislation.
  • Right Column: Primary author/co-author

Click on the links for Senator Baria’s Policyholder Bill of Rights so you’ll know what to expect when reading other bills: Continue reading “There ought to be a law… 2009 Mississippi Legislature”

Patti Labelle sings HR3121 theme to "Sammy the DC Bookie"

Sam Friedman’s post inspired this post in support of HR3121. Take a listen and see if you don’t understand why it’s the voter’s choice of all the various legislation pending in Congress.

[youtube=http://www.youtube.com/watch?v=QmTCZDjX6A0]
What is America to me

A name, a map, or a flag I see
A certain word, democracy
What is America to me

The house I live in Continue reading “Patti Labelle sings HR3121 theme to "Sammy the DC Bookie"”

Not what you see but what you don't…the post-Katrina coast

For someone who can be a real “chatty Cathy,” I sat quietly with my camera in my lap as Sop drove me down Beach Boulevard – the first time I’ve done that on the post-Katrina coast and the road still isn’t completely open, it’s just no longer blocked.

Gulf side of Beach Boulevard August 2008
Gulf side of Beach Boulevard August 2008

Before the storm, there wasn’t a prettier stretch of highway in America. I’m convinced of that. With the Gulf on one side and one beautiful home after another on the other, it was a sight to behold.

The Gulf side is as beautiful as ever; but, not so the other where all that remains of many of those beautiful homes is a drive way and an otherwise vacant, weed-filled lot.

By the time we headed into the Bay-Waveland area, I’d seen more slabs that I could count and was feeling like an empty lot myself, the experience was so draining.

Lot on Beach Boulevard 3 years after Katrina
Lot on Beach Boulevard 3 years after Katrina

What made it so draining and me so sad was how much those vacant lots looked like those I saw right after the storm almost three years ago.

If this slab was the place I once called home, I can only imagine that I would have been overwhelmingly sad; leading me to believe that the empty lots on the Coast leave others empty and sad – depression is the clinical term.

According to cognitive-behavioral psychologists, depression in humans may be similar to learned helplessness in other animals, who remain in unpleasant situations over which they’d initially had no control.

Once we began to eat, meet, and greet, it wasn’t possible to be sad; and I bounced back and took these pictures the next day. However, others on the Coast are having more than the just a brief depressing experience like my encounter with the empty lots. WLOX, Biloxi television, ran a related story the day before I arrived. Continue reading “Not what you see but what you don't…the post-Katrina coast”

LA Supremes drive their “chevy to the levee” – Sher comes up dry (Updated)

In deciding Sher – the suit filed by 92-year-old Holocaust survivor Joseph Sher – the Louisiana Supreme Court relied on Webster to determine the cause of property damage when the levees failed following Hurricane Katrina. Unfortunately for Sher, it was Noah the lexicographer and not Daniel, the great compromiser.

“Contrary to the court of appeal’s reasoning, this definition (of flood) does not change or depend on whether the event is a natural disaster or a man-made one — in either case, a large amount of water covers an area that is usually dry,” the court opinion said.

The Times-Picayune reported the more about the decision released today in the full story.

The Louisiana Supreme Court today dealt a final blow to the argument that homeowners insurance policies should have covered the damages caused by levee breaches during Hurricane Katrina, saying the disaster was clearly a “flood” that’s excluded from coverage. Continue reading “LA Supremes drive their “chevy to the levee” – Sher comes up dry (Updated)”